In an important decision, the Kuwait Cassation Court brought to an end a dispute, involving the recognition of a Saudi Court Execution order.  The dispute arose from a revolving debt granted by the client to a Saudi company, with a personal guarantee offered as security, and continued before the Kuwaiti Courts for a number of years. ASAR’s client filed an action seeking a court judgment recognising a Saudi execution Judge Order obliging the guarantor to pay the amount of SAR 130 Million.

The Kuwaiti Cassation and Appellate Courts confirmed that the scope of the recognition action is limited to ensuring that the legal requirements for enforcing foreign Court Orders, under Art. 199 of the Kuwaiti Civil and Commercial Procedures Law, are met and that substantive issues relating to the merits of the dispute may not be revisited.

This case was handled by ASAR’s Dispute Resolution team led by Ahmed Barakat and assisted by Adnan Jaafar and Mohamed Al-Abady. For insights into the challenges associated enforcing foreign awards, judgments, and orders, and to find out how our dispute resolution expertise can benefit you, click here