ASAR Achieves Victory for Client in Kuwait Cassation Court 

Regional law firm, ASAR has secured a significant triumph for its client in a pivotal decision by the Kuwait Cassation Court. The ruling marks the resolution of a longstanding dispute concerning the recognition of a Saudi Court Execution order. 

The conflict originated from a revolving debt extended by the client to a Saudi company, with a personal guarantee provided as collateral. After enduring a protracted legal battle in Kuwaiti courts, ASAR’s client pursued an action to obtain a court judgment acknowledging a Saudi execution Judge Order, compelling the guarantor to settle a sum of SAR 130 million. 

In its judgment, the Kuwaiti Cassation and Appellate Courts underscored the limited scope of the recognition process, emphasizing adherence to the legal prerequisites for enforcing foreign Court Orders as outlined in Article 199 of the Kuwaiti Civil and Commercial Procedures Law. Notably, the courts clarified that substantive matters pertaining to the merits of the dispute were beyond the purview of the recognition proceedings. 

This case was handled by ASAR’s Dispute Resolution team led by Ahmed Barakat (Managing Partner and Head of Litigation and Arbitration practice, pictured). Assisted by Adnan Jaafar and Mohamed Al–Abady.