المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

Search this collection
  1. Principle 1An application for recognition or enforcement of a foreign judgment. The documents required for this. Decree-Law No. 96/1977 ratifying the Agreement on Legal and Judicial Cooperation between Kuwait and Egypt.Commercial and Labour — Volume 9 · Source page ٧
  2. Principle 2Kuwaiti courts. Have jurisdiction over every claim connected with any action falling within their jurisdiction. Referral by Kuwaiti courts of an action brought before them to a foreign court. Impermissible. Referral may Commercial and Labour — Volume 9 · Source page ٧
  3. Principle 3The unloading contractor is a servant of the vessel, and the carrier is liable to the consignee for its faults. The consignee may not have recourse. Against it contractually. The absolute prohibition of recourse by the cCommercial and Labour — Volume 9 · Source page ٧
  4. Principle 4Accession of the State of Kuwait to the New York Convention concerning the Recognition and Enforcement of Foreign Arbitral Awards. Decree-Law 10 of 1978. Its intended purpose. The scope of application of the procedural rCommercial and Labour — Volume 9 · Source page ٧
  5. Principle 5The State of Kuwait’s accession, with a reservation, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards drawn up in New York. Its implication: its provisions become part of the State’s laws. Commercial and Labour — Volume 9 · Source page ٧
  6. Principle 6The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding force of an arbitral award and orders itCommercial and Labour — Volume 9 · Source page ٧
  7. Principle 7The provisions of Law 47 of 1993 concerning Housing Welfare remain in force and must be applied. They are not affected by the issuance of the Universal Declaration of Human Rights with its provisions on rights specific tCommercial and Labour — Volume 9 · Source page ٨
  8. Principle 8Judgments within the meaning of the Convention on International and Judicial Exchange between the State of Kuwait and the Arab Republic of Egypt. They include every decision, whatever its designation, issued pursuant to Commercial and Labour — Volume 9 · Source page ٨
  9. Principle 9Judgments and orders issued in a foreign country. Their enforcement in Kuwait. Its conditions: that it be on the same conditions prescribed by the law of that country for enforcement of judgments issued in Kuwait, namelyCommercial and Labour — Volume 9 · Source page ٨
  10. Principle 10The Agreement on Legal and Judicial Cooperation with the Arab Republic of Egypt. Its mandatory application to settlement records whose enforcement is sought in the State of Kuwait. They may be enforced in accordance withCommercial and Labour — Volume 9 · Source page ٨
  11. Principle 11The provision in Article 20 of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. Import. The competent judicial authority in the State where recognition or enforcCommercial and Labour — Volume 9 · Source page ٨
  12. Principle 12The air carrier's liability for delay in carrying passengers. Founded on presumed fault on its part. Extinguished by proof that it and its servants took the measures necessary to avoid the damage or that taking them was Commercial and Labour — Volume 9 · Source page ٩
  13. Principle 13Member States of the World Trade Organization may defer application of the provisions of that agreement for five years from the date it enters into force for them, and that period may be extended until the State brings iCommercial and Labour — Volume 9 · Source page ٩
  14. Principle 14The Convention on the Enforcement of Judgments concluded with certain governments of Arab States. Its implementation is mandatory among all States that signed it and States acceding to them subsequently. It is deemed parCommercial and Labour — Volume 9 · Source page ٩
  15. Principle 15Assessment of compensation arising from the air carrier's liability in the carriage of checked baggage and goods. How it is made. The consignor may notify the carrier, upon delivery of the goods, of the importance he attCommercial and Labour — Volume 9 · Source page ٩
  16. Principle 16A foreign arbitral award. The enforcement applicant’s following the litigation procedures required to obtain an order enforcing the award and submitting the documents specified in Article 4 of the New York Convention. ItCommercial and Labour — Volume 9 · Source page ١٠
  17. Principle 17Treaties of peace and alliance, treaties concerning the territory of the State or its natural resources, sovereign rights, and citizens' public or private rights, treaties of commerce, navigation and residence, and treatCommercial and Labour — Volume 9 · Source page ١٠
  18. Principle 18The air carrier's liability for delay in carrying passengers under the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air and its amendments. Founded on presumed fault on itsCommercial and Labour — Volume 9 · Source page ١٠
  19. Principle 19Kuwait's accession to the New York Convention concerning Objection to and Enforcement of Foreign Arbitral Awards. Its consequence. This Convention is deemed one of the laws of the state, obliging the judge to apply the rCommercial and Labour — Volume 9 · Source page ١٠
  20. Principle 20Treaties of peace and alliance, treaties relating to the state's territory and natural resources, rights of sovereignty, or citizens' public or private rights, treaties of commerce, navigation, and residence, and treatieCommercial and Labour — Volume 9 · Source page ١١
  21. Principle 21Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Its implication. The Commercial and Labour — Volume 9 · Source page ١١
  22. Principle 22Engaging in trade is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the States of the GuCommercial and Labour — Volume 9 · Source page ١١
  23. Principle 23The Economic Agreement between the Gulf Cooperation Council States, approved by the State of Kuwait by Law 5 of 2003. It accorded equal treatment to the nationals of these States in all economic fields. The implication oCommercial and Labour — Volume 9 · Source page ١٢
  24. Principle 24The mental pain and anguish suffered by the detainee's family during his detention by the State of Iraq without knowing his fate. Among the damages arising from his death after it is established. The United Nations CompeCommercial and Labour — Volume 9 · Source page ١٢
  25. Principle 25The State of Kuwait's accession to membership of the United Nations Organization on 15/5/1963. Its effect. Its commitment to the Charter of that Organization. Its implication. - The Governing Council constituting the boaCommercial and Labour — Volume 9 · Source page ١٢

  26. - معاهدة بروكسل

    Principle 26Judgments and orders issued in a foreign country. They may be enforced in Kuwait under the same conditions prescribed in that country's law for enforcement of judgments and orders issued in Kuwait. An application for an Commercial and Labour — Volume 9 · Source page ١٣
  27. Principle 27The sea carrier. Its obligation to deliver the goods to the consignee at the port of arrival in accordance with the particulars contained in the bill of lading. Discovery of loss of or damage to the goods. Its liability Commercial and Labour — Volume 9 · Source page ١٣
  28. Principle 29Accession of the State of Kuwait to the Brussels Convention concerning the Unification of Certain Rules Relating to Bills of Lading. Its consequence. Its becoming one of the laws of the state. Its effect. Abrogation of tCommercial and Labour — Volume 9 · Source page ١٤
  29. Principle 30Kuwait’s accession to the Brussels Convention by Law 21/1969. Its effect. Its recognition as one of the State’s laws. The judge’s obligation to apply the rules contained therein to relationships falling within its scope Commercial and Labour — Volume 9 · Source page ١٤
  30. Principle 31Establishment that the bill of lading is based on a maritime carriage contract involving a Kuwaiti cargo owner and a carrier from the United Kingdom for its carriage of the goods from Liverpool to Kuwait. The United KingCommercial and Labour — Volume 9 · Source page ١٤
  31. Principle 32Contract of carriage by sea. The occurrence of damage during the sea voyage is presumed, as it is the principal stage of the contract. Reliance on the conditions excluding liability provided for in the Commercial Code buCommercial and Labour — Volume 9 · Source page ١٤
  32. Principle 33The Brussels Convention; Kuwait's reservation concerning the maximum compensation in the event of loss of or damage to goods, with the intention of increasing it to 250 Kuwaiti dinars instead of one hundred pounds sterliCommercial and Labour — Volume 9 · Source page ١٤
  33. Principle 34Bill of lading. Its nature. It is the instrument evidencing the contract of carriage by sea and specifying its terms. It is regarded as the document representing the goods carried and as a presumption that the carrier reCommercial and Labour — Volume 9 · Source page ١٥
  34. Principle 35Treaties imposing upon the State treasury any expenditure not included in the budget or involving an amendment to Kuwait’s laws. They enter into force only by law. The State of Kuwait’s accession to the Brussels ConventiCommercial and Labour — Volume 9 · Source page ١٥
  35. Principle 37Receipt of the goods without reservation. Extinguishes the right of recourse against the carrier. The exception. The consignee establishing the condition of the goods and bringing the action within thirty days from the dCommercial and Labour — Volume 9 · Source page ١٥
  36. Principle 38The Brussels Convention. Its application as part of the State's legislation. Its effect. Failure to give notice of loss or damage. Does not result in the extinction or inadmissibility of the liability action provided forCommercial and Labour — Volume 9 · Source page ١٦
  37. Principle 39Obligations borne by the carrier under the contract of carriage by sea. Nullity of every term or agreement involving an exemption for it or a realization of its liability for breach of these obligations. Its liability foCommercial and Labour — Volume 9 · Source page ١٦
  38. Principle 40The State of Kuwait's reservation concerning the maximum compensation for loss of or damage to goods prescribed by the Brussels Convention, increasing it to 250 Kuwaiti dinars. Kuwait's reservation applies in its substanCommercial and Labour — Volume 9 · Source page ١٦
  39. Principle 41The carrier's failure to deliver to the consignee the goods it received at the port of loading. It is considered liable for them on the basis that they have been totally lost.Commercial and Labour — Volume 9 · Source page ١٦
  40. Principle 43The Brussels Convention: its application to the legal relationship arising from maritime carriage between the carrier and the shipper. The condition for this. - Failure to give notice of loss or damage. Does not entail tCommercial and Labour — Volume 9 · Source page ١٧
  41. Principle 44The obligations borne by the carrier under the contract of carriage by sea. Invalidity of every condition or agreement involving an exemption for him or a realisation of his liability for breach of these obligations. HisCommercial and Labour — Volume 9 · Source page ١٧
  42. Principle 45Written notice by the consignor of loss or damage and its nature to the carrier or its agent at the port of discharge before or at the time of delivery of the goods. A presumption in favor of the consignee that the carriCommercial and Labour — Volume 9 · Source page ١٧
  43. Principle 46The sea carrier's liability for each package or unit pursuant to Article 4/5 of the Brussels Convention is one hundred pounds sterling. Raising the maximum limit to two hundred and fifty Kuwaiti dinars in application of Commercial and Labour — Volume 9 · Source page ١٧
  44. Principle 48The provisions of the Brussels Convention and the special regulation of the sea carrier's liability in the Maritime Commercial Code. Neither applies except to the stage of the sea voyage beginning with loading and endingCommercial and Labour — Volume 9 · Source page ١٧
  45. Principle 49The basic rule in determining compensation for goods under the Warsaw Convention, to which Kuwait has acceded. The weight of the consignment. - Assessment of compensation on the basis of the value specified by the consigCommercial and Labour — Volume 9 · Source page ١٨
  46. Principle 50The inclusion in the Unified Economic Agreement between the Cooperation Council states of a provision that they agree on implementing rules concerning each state's treatment of nationals of the European Council states inCommercial and Labour — Volume 9 · Source page ١٨
  47. Principle 51The Agreement on the Enforcement of Judgments among Certain Arab States. Its effectiveness as domestic law for signatory or acceding States. The challenged judgment's contravention of this. Requires its cassation. ExamplCommercial and Labour — Volume 9 · Source page ١٨
  48. Principle 52Kuwait's accession to the Brussels Convention on Bills of Lading. It has the force of domestic legislation. Its implication. The judge is required to apply its provisions.Commercial and Labour — Volume 9 · Source page ١٨
  49. Principle 53Conditions for the applicability of the provisions of the Brussels Convention on Bills of Lading. That the bill of lading was drawn up in a signatory or acceding state, that the carrier and shipper belong to any of thoseCommercial and Labour — Volume 9 · Source page ١٨
  50. Principle 54The Brussels Convention on Bills of Lading. Its establishment of a rebuttable presumption that delivery of the goods without reservation entails the presumption that they were delivered in the manner described in the bilCommercial and Labour — Volume 9 · Source page ١٨
Page 1 of 82Next