The recognition of foreign judgments in Kuwait is done under the Civil & Commercial Procedure Law, Article 199. The following lines give you an overview of foreign judgments recognized in Kuwait. For complete information, you can contact our Kuwaiti lawyers, who can provide legal services related to the recognition of foreign judgments.
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Main facts about recognition of foreign judgments and enforcement in Kuwait
We present some details about the recognition of foreign judgments in Kuwait:
- foreign judgments in Kuwait must satisfy reciprocity. As such, an enforcement order must be issued by the competent Court of First Instance;
- to be recognized, the foreign court must have jurisdiction over the presented case;
- to enforce the judgment, an application is normally submitted to the Regional Court, and specifically the Plenary Court;
- the judgment in question must be presented in a certified and translated copy. Right after that, the document must be notarized and legalized at the Kuwaiti Embassy in the country of origin;
- it is good to note that a court of law in Kuwait can refuse the foreign judgment if it is discovered that the fundamental principles have been violated;
- with our lawyers in Kuwait, you can learn more about the recognition of foreign judgments in this country. We are here to provide you with complete information and representation in any litigation/dispute you might be involved in.
What does Article 199 of the Civil Procedure Law in Kuwait say
Judgments of a foreign country are enforceable in Kuwait under the same clauses stipulated by the law of the foreign state for the enforcement of judgments of Kuwait. As such, the enforcement order applies before the Plenary Court in the standard approach of filing procedures. Here are some of the conditions to satisfy:
- the parties involved are legally represented and are aware of the foreign judgment in the proceedings;
- the judgment order is issued by a competent court jurisdiction, considering the law of the jurisdiction in question;
- thejudgment does not enter into conflict with any former judgment order provided by a court in Kuwait, nor threatens the public order of the country;
- once the Court of First Instance accepts the foreign judgment, this will be enforceable, as stated by the Civil Procedure Law, Article 199;
- you can learn more about the recognition of foreign judgments in Kuwait from our specialists. You can rely on our attorney in Kuwait in various dispute cases.
What is reciprocity in foreign judgment recognition?
Reciprocity refers to the mutual recognition of foreign judgments, plus recognition between countries. Specifically, in this case, the enforcement of foreign judgments in Kuwait is allowed under the same conditions as specified in the law of the issuing state regarding the enforcement of foreign judgments issued in Kuwait.
As such, Kuwaiti authorities can verify whether the country that proceeds with the judgment in a foreign state enforces the judgments of the country where enforcement is taken. If the issuing country respects this requirement, then the application will be processed based on the same conditions.
Legal framework of foreign judgment recognition in Kuwait
Here are the laws that are the basis of the recognition of foreign judgments in Kuwait:
- Civil and Commercial Procedure Law No. 38/1980, Article 199.
- Agreement for Execution of Judgments, Delegations, and Judicial Announcements among GCC States since 1995.
- 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Apart from assistance in recognition of foreign judgments in Kuwait, our specialists can also help you with other matters. We are here to provide support in company formation in Kuwait, regardless of the selected type of business. Contact our law firm in Kuwait and find out more about the services we provide.