Kuwait Court of Cassation principle number 407

A broker is a remunerated agent commissioned by one contracting party to mediate with the other contracting party to conclude a transaction between them pursuant to an express or implied agreement. The broker's remuneration becomes due upon 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. Its difference from a brokerage contract. - Determining whether the contract linking the parties is a brokerage contract or a partnership contract. A matter of fact. The basis and condition thereof. - Characterization of contracts. Its nature: stating the contracting parties' intention. Ascertaining it. Within the authority of the court of merits without review by the Court of Cassation. Its condition. - The broker's remuneration is due in return for the services he performs for his client. It is determined according to law, agreement, or custom; if none exists, the judge assesses it based on the effort expended and time spent in performing the work assigned to him. Example of a reasonable finding identifying the relationship between the parties to the contract as a brokerage contract and negating the existence of an undisclosed partnership contract.