Kuwait Court of Cassation principle number 406

The broker’s remuneration. The condition for entitlement thereto. His success in his mediation, such that the conclusion of the contract he mediated is a direct result of his effort and endeavours. Article 308 of the Commercial Code. Assessment thereof. A matter of fact. - Reduction of the agreed broker’s remuneration. Permissible for the judge. The condition and reason for this. Article 209 of the Commercial Code. - The contract is the law of the contracting parties. - 80 - Commercial - Admission. Its nature: a party’s acknowledgment to his opponent of the right the latter claims, appreciating its consequence and intending to bind himself thereby, and that it constitutes evidence against him and exempts his opponent from presenting any evidence. An example of rejection of a request to reduce the broker’s remuneration after agreement upon it.