Kuwait has introduced amendments to its Civil and Commercial Procedures Law. These amendments raise the appeal guarantee fees for various courts to simplify litigation procedures and improve the efficiency of the legal system. Decree-Law No. 6 of 2025 amends provisions from Decree-Law No. 38 of 1980. Key changes include raising the appeal guarantee fees to 250 dinars for judgments from district or general courts. Additionally, they raise the fees to 500 dinars for those from the Court of Appeal.
The explanatory memorandum behind the amendments outlines the government’s goal. They aim to expedite dispute resolution and ensure the principle of “accomplished justice.” The amendments streamline appeal procedures, alleviate the courts’ workload, and enhance the seriousness of litigation rights. These revisions are designed to ensure that appeals are handled more efficiently, allowing timely resolution of cases.
Key provisions of the amendment include:
- Direct Appeals to the Court of Cassation:
The amendment allows direct appeals of rulings on lack of jurisdiction or referrals to the competent court. Previously, such cases were subject to the regular appeal process. Now they can be directly appealed to the Court of Cassation. These appeals will be reviewed in a consultative chamber. Furthermore, proceedings at the referred court will be suspended until the appeal is resolved. - Financial Threshold for Appeals:
The amendments introduce a financial threshold for appeals. Cases must exceed a value of 30,000 dinars or be of undetermined value for an appeal to be eligible for review by the Court of Cassation. This measure aims to reduce the number of low-value appeals. It allows the Court to focus on legal principles rather than case-specific details, therefore improving judicial efficiency. - Streamlined Appeal Procedures:
The amendments modify appeal procedures to improve efficiency. For example, appellants can now submit appeal documents to the Clerk’s Office of the Court of Cassation or to the court that issued the contested ruling. Additionally, the requirement for merging first- and second-degree case files has been eliminated to reduce delays. - Focus on Legal Interpretation:
Appellants must now provide official copies of both judgments and supporting documents. This ensures the Court of Cassation focuses on legal interpretation, rather than fact-based review. This will help avoid delays and prevent the loss or damage of documents. - Faster Resolution of Appeals:
The Public Prosecution of Cassation must now submit its opinion on appeals within 60 days. This expedites the process. The Court of Cassation can also declare an appeal inadmissible if it contradicts established judgments. They can do this if the ruling contains sufficient reasoning to address the appeal’s arguments. - Notification of Hearing Dates:
A new provision assigns the clerks’ department the responsibility of notifying parties of the scheduled appeal hearing. This occurs after the Public Prosecution submits its memorandum. This ensures that all parties are well-prepared for the appeal proceedings.
These changes reflect Kuwait’s efforts to enhance the legal framework, reduce case backlogs, and expedite the resolution of legal disputes. The amendments are aimed at promoting a more efficient and fair judicial system, aligned with modern legal standards.
