Al-Sameet: “Economic Circles” a Quantum Leap in Litigation
Justice Minister and Legal Advisor Nasser Al-Sameet affirmed that the law establishing economic courts represents a qualitative leap in Kuwait’s economic justice system. This is achieved by creating a specialized judiciary across all three levels of jurisdiction, expediting dispute resolution, developing enforcement procedures, and expanding e-litigation. These measures enhance contract enforcement efficiency and raise confidence in the state’s legal and investment environment.
Minister Al-Sameet stated that the law establishes specialized economic courts at the Court of First Instance, the Court of Appeal, and the Court of Cassation. These courts have jurisdiction over the economic, commercial, and investment disputes defined by the law, supported by a specialized technical office to assist their work.
He added that the law aims to accelerate case resolution through a case preparation office responsible for completing documentation before cases are presented to the court, alongside regulating procedural and appeal timelines to minimize the duration of disputes.
The minister pointed out that the law introduces a settlement and conciliation pathway prior to judicial consideration, granting conciliation minutes the force of an executive instrument. This allows for the faster and less costly resolution of a portion of disputes.
He clarified that digital transformation is a core pillar of the law, implemented through the adoption of an electronic platform for litigation and enforcement procedures, an electronic case file, and a database of published judgments and judicial precedents.
The minister noted that the law places special emphasis on enforcing judgments by establishing a specialized enforcement administration, electronically linking it with relevant entities, developing attachment procedures, and adopting electronic auctions to ensure speed and effectiveness in enforcement.
Justice Minister Al-Sameet stressed that this law supports Kuwait’s competitiveness, enhances its investment attractiveness, and consolidates the rule of law in economic disputes.
The Cabinet had previously approved, during its meeting, a draft decree-law issuing the law establishing economic courts. This move aims to align with modern global and regional legislation and harness advanced technological systems to serve justice.
**Advantages of the Economic Courts Law**
**Business Environment**
This law brings a fundamental shift to the judicial infrastructure supporting the national economy. It establishes a specialized economic judiciary across all three levels of jurisdiction, mandates a compulsory amicable settlement pathway, adopts full digital litigation, and ensures final enforcement of judgments. These measures will enhance contract enforcement efficiency, boost confidence among local and foreign investors, and improve Kuwait’s standing in international indicators regarding the business environment and the rule of law.
**Specialized Judiciary**
Economic courts will be established at the Court of First Instance, the Court of Appeal, and the Court of Cassation, staffed by judges with specialized expertise and training. They will be assisted by a technical office comprising experts in economics and investment.
**Final Justice**
A case preparation office will be tasked with regulating the litigation process and completing documentation before cases are presented to the court, under strict and abbreviated timelines for notification, resolution, and appeals.
**Digital Litigation**
The law adopts an electronic platform for all litigation and enforcement procedures, opens an electronic file for each case, and establishes a database of published judgments and judicial precedents.
**Legal Certainty**
A mechanism is introduced to unify legal principles when judgments conflict, and appeals via the Court of Cassation are restricted to disputes of paramount importance, thereby preserving the stability of judgments.
**Unified Litigation Venue**
This unifies the judicial perspective on disputes arising from key economic laws, including capital markets, banking, companies, direct and foreign investment, public-private partnerships, competition protection, trademarks, and major oil and administrative contracts, under a single judicial authority.
**Compulsory Settlement**
Parties to a dispute are required to present their case to a dispute settlement and conciliation office within a period not exceeding three months. The resulting conciliation minutes will carry the force of an executive instrument.
**Effective Enforcement**
A specialized enforcement administration will be established, assisted by experts and police officers. It will feature direct electronic linkage with banks and relevant entities, enabling rapid issuance of attachment and freezing orders. Additionally, electronic auctions will be adopted.
**Investor Guarantees**
The law explicitly grants jurisdiction over disputes involving non-Kuwaiti capital investment and encourages direct investment. It also mandates the enforcement of judgments issued by foreign courts.
**Kuwait 2035**
This law serves as a fundamental judicial pillar for Vision 2035, aiming to transform Kuwait into an attractive financial and commercial hub for investment. The speed of dispute resolution and the efficiency of contract enforcement are among the most critical determinants of a country’s competitiveness in international business environment indicators.
**Expedited Resolution**
The law targets faster case resolution through a case preparation office that completes documentation before court presentation, alongside regulated procedural and appeal timelines to prevent prolonged disputes.
**Digital Transformation**
Digital transformation is a core pillar of the law, implemented through an electronic platform for litigation and enforcement procedures, an electronic case file, and a database of published judgments and judicial precedents.
**Specialized Enforcement**
The law prioritizes judgment enforcement by establishing a specialized enforcement administration, electronically linking it with relevant entities, developing attachment procedures, and adopting electronic auctions to ensure speed and effectiveness.
**Supporting Competitiveness**
This law supports Kuwait’s competitiveness, enhances its investment attractiveness, and consolidates the rule of law in economic disputes.
