Kuwait Court of Cassation principle number 3789

Appeal. Its effect. Resubmission of the dispute to the court of second instance within the limits of the matters appealed, together with its legal grounds and factual evidence. - 637 - Commercial - The provision in Article 20 of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. Its consequence. The competent judicial authority in the State in which recognition or enforcement of the judgment is sought is restricted to verifying the conditions stipulated therein without addressing the merits. The effect thereof. The plea that the right to rely on the enforceable instrument has lapsed through the passage of time, raised before the court competent to order its enforcement. An inadmissible substantive defence.