Kuwait Court of Cassation principle number 4453

The financial sanction imposed by the contracting parties to ensure performance of their agreement. Agreed compensation. The judge is bound by this agreement unless the debtor proves that the creditor suffered no damage or that the compensation is excessive. Compensation may be reduced to an amount proportionate to the actual damage suffered by the creditor. - Assessing whether agreed compensation is excessive. Within the authority of the court of merits. Its condition.