ENFORCEMENT OF FOREIGN JUDGEMENTS

A foreign judgment is the judicial conclusive decision rendered in a foreign state by a jurisdiction entrusted by its legal system with judicial power and authority.

Introduction:

There are prerequisites to recognize and enforce a foreign judgment, such as the said judgment must be final and enforceable. Furthermore, foreign judgments must be rendered in civil or commercial matters. Therefore, criminal judgments or administrative orders, even if adjudicated by civil or commercial courts, cannot be recognized and/or enforced. Such prerequisites shall be applicable without prejudice to the provisions of any multilateral convention or bilateral treaty to which Kuwait had adhered.

Provisions of the Kuwaiti Law:

Pursuant to the Code of Civil & Commercial Procedure, a foreign judgment cannot be enforced in Kuwait until it has been granted an exequatur (Writ of Execution) by a competent court in Kuwait.

Before granting the exequatur, a court in Kuwait must first take into consideration the provisions set in Article 199, according to which foreign judgments and orders can be enforced based upon the same conditions and circumstances determined by such foreign states for the enforcement of Kuwaiti judgments and orders (Rule of Reciprocity).

In order to obtain an exequatur, a suit must be filed before the First Instance Court after satisfying the following conditions:

1. The foreign judgment or order must be rendered by a competent court pursuant to the laws of such court 's state.

2. Litigants were given proper notice and were legally and duly represented in the proceedings.

3. The judgment or order is "res judicata" (final) pursuant to the laws of the rendering court.

4. The judgment or order is not in conflict with a previous judgment or order rendered by courts in Kuwait, or is contrary to public order or moral.

Thereafter, the applicant for the exequatur has to produce sufficient evidence to enable the court to ascertain whether the foreign judgment meets the required conditions for enforcement.

Article 200 of the Law states that the above provisions shall also be applicable to foreign arbitral awards, provided that such awards are rendered in matters that may be subject to arbitration pursuant to the laws of Kuwait and are enforceable in the state(s) in which they are rendered.