Procedural Conditions for Enforcement of Foreign Judgments as per Kuwaiti Procedure Act

Abstract

This research addresses the procedural conditions for the recognition and enforcement of foreign court judgments and orders in the State of Kuwait considered as the corner stone in any lawsuit filed under article 199 of the Kuwaiti civil and commercial procedures act as following: the competence of the foreign judicial body that rendered the foreign judgment or judicial order; the validity of the procedures by which the foreign judgment was issued; the finality of the foreign judgment or the judicial order according to the law of the issuewance court; the foreign judgment or order does not conflict with a previous Kuwaiti court ruling or Kuwaiti order; and the foreign judgment or order does not conflict with public policy in the State of Kuwait. By the use of analytical and comparative methodology, the research starts by analyzing these five procedural conditions. Furthermore, the article sheds light on the comparative legal approaches in different countries, concerning these procedural conditions in order to evaluate the Kuwaiti legal approach.