Kuwait Court of Cassation principle number 26

Judgments and orders issued in a foreign country. They may be enforced in Kuwait under the same conditions prescribed in that country's law for enforcement of judgments and orders issued in Kuwait. An application for an enforcement order is brought before the Court of First Instance in accordance with the ordinary procedures for instituting proceedings. The conditions to be verified before enforcement is ordered. Their nature. - An application to enforce a judgment issued in a foreign state. It is neither a level of litigation nor a challenge to that judgment. The implication of this. The competent judicial authority in the state where enforcement is sought may not re-examine the merits, and the applicant for enforcement is not required to attach a certificate evidencing service on the parties before the authority that issued the judgment unless that judgment was issued in absentia. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it contain nothing contrary to morals or public policy. The determining standard in this respect is Kuwaiti law. The reason for this. - The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. Its prerequisite. The subject of that obligation must be a sum of money whose amount is known at the time the obligation arises. This pertains to public policy. Article 110 of the Commercial Law. An example concerning non-enforcement in the State of Kuwait of a judgment issued in the United Arab Emirates awarding annual interest of 9%, contrary to public policy. - Brussels Convention:-