Kuwait Court of Cassation principle number 2590

A broker is a remunerated agent whom one contracting party engages to mediate with the other contracting party to complete a transaction between them under an express or implied agreement. The broker’s remuneration is due for the success of that mediation. - The partners in a partnership contract intend to participate in an activity involving risk, and each contributes to that risk - profit and loss - This differs from a brokerage contract. - Determining whether the contract linking the parties is a brokerage contract or a partnership contract. A matter of fact. Basis and condition thereof. - Characterization of contracts. Its nature: stating the contracting parties’ intent. Ascertaining this. Within the authority of the court of the merits, without review by the Court of Cassation. Its condition. - The broker’s remuneration is due in consideration of the services he provides to his client. It is determined in accordance with the law, agreement, or custom; if none exists, the judge assesses it on the basis of the effort exerted and time spent performing the work assigned to him. Example of a reasonable inference defining the relationship between the parties to the contract as a brokerage contract and negating the existence of an undisclosed partnership contract.