Kuwait revises its law governing civil and commercial proceedings
Streamlining Judicial Procedures in Kuwait:
In a bold step to overhaul the legal landscape, Kuwait has issued Decree-Law No. 71 of 2025. This legislation revises the Civil and Commercial Procedures Law with the primary objectives of streamlining judicial processes and alleviating the congestion in district courts. Let's dive into the key amendments and objectives of this far-reaching reform:
Key Amendments:
- Jurisdictional Threshold Hike: The new decree elevates the jurisdictional threshold for district courts from KD 1,000 to KD 2,000 [1]. This shift is aimed at handling smaller claims swifter, given that nearly 75% of cases handled by district courts over the past five years involved claims not exceeding KD 2,000 [2].
- Simplified Procedures for Debt Claims: Article 166 has been updated to streamline debt claim procedures for creditors. Creditors can now seek monetary claims through simplified proceedings, either in person or electronically, as long as the debt is confirm in writing and due [1]. This modification applies to commercial paper-related debts, except for non-cash claims and unclear property claims [1].
- Revision of Other Articles: Articles 167 (paragraphs one to three), 169, and 170 have undergone comprehensive revisions. These edits aim to reduce procedural complexity and accelerate dispute resolution [1].
Objectives:
- Enhanced Judicial Efficiency: By boosting the jurisdictional threshold, Kuwait aims to expedite the resolution of simpler cases, cutting back on the litigation time and resources required [1].
- Relieving Court Pressure: These measures are intended to ease the strain on district courts, facilitating smaller claims processing more efficiently and thereby improving the judiciary's overall capacity [1].
- Maintaining Legal Protections: Despite speeding up processes, the reforms guarantee that essential legal safeguards continue to safeguard litigants [1].
The new amendments form part of Kuwait's broader drive to modernize its civil litigation framework, ensuring faster resolution of minor disputes while preserving the sanctity of the judicial process.
[1] Source: Kuwait Times, "Kuwait's new decree-law streamlines judicial processes," October 15, 2025.[2] Ibid.
In the realm of modernizing Kuwait's civil litigation framework, the reforms extend to business finance, as the simplified procedures for debt claims (Article 166) now allow creditors to seek monetary claims for commercial paper-related debts more efficiently, either in person or electronically. Additionally, the integration of technology is apparent in the revised legislation, as it enables the handling of smaller claims swifter due to the increased jurisdictional threshold for district courts from KD 1,000 to KD 2,000 (Key Amendments).
