Kuwait Court of Cassation principle number 2707

The nullity of a contract concluded by a non-Kuwaiti owing to the prohibition contained in the Commercial Code does not preclude him from claiming his rights on another legal basis. - The grounds may be changed while the subject matter of the original claim remains unchanged. - Nullity extinguishes the contract retroactively to the time of its conclusion. Elimination of every effect of its performance if it has been performed. The consequence thereof. Restoration of everything to its original state and recovery by each contracting party of what he gave; if restitution in kind is impossible, equivalent performance may be awarded. - The expert’s report is an item of evidence. Its subjection to the assessment of the court of merits. Example concerning guidance drawn from the conclusions of the expert’s report in assessing equivalent performance.