Enforcement of Foreign Judgments - Kuwait

The principle of international co-operation led most states to admit that national courts may have regard to foreign judgments or other jurisdictional acts. Presently almost no legal systems have proceedings which deny foreign judgments. To enforce foreign judgment in Kuwait certain conditions are to be complied with. Only judgments in civil or commercial affairs are enforceable in Kuwait and such judgments should be proved to be final judgments passed by civil or commercial courts. Criminal judgments or administrative orders are not enforceable in Kuwait without prejudice to whether there is a bond of any multilateral convention or bilateral treaty which Kuwait had signed. Law No. 38 of 1980 of the Civil and Commercial Procedure Code stipulates that a foreign judgment cannot be enforced in Kuwait unless it has been granted an exequatur (Writ of Execution) by a competent court in Kuwait. For granting the exequatur a suit must be filed before the Court of First Instance and the following conditions are to be adhered to: judgments is to be "rest judicata" (final) passed by civil or commercial courts of a foreign country according to the rules and practice of that country. Appropriate and timely notice should be given and litigants should be duly represented in the proceedings. The judgment or order should not be in conflict with a preceding judgment or order rendered by Kuwaiti courts, or is derogatory to the principles of public order or moral. Notwithstanding the above, the applicant for the exequatur should also produce sufficient evidence to convince the court that the foreign judgment satisfies the required conditions for enforcement.

Per Article 200 of the said Law the above provisions shall also be applicable to foreign arbitral awards..