Kuwait amends civil and commercial procedures law

In a significant step aimed at streamlining judicial processes and alleviating pressure on district courts, Decree-Law No. 71 of 2025 has been issued, amending the Civil and Commercial Procedures Law by raising the final quorum for district courts from KD 1,000 to KD 2,000.

This adjustment, according to Al-Rai daily, comes in light of judicial statistics indicating that nearly 75% of lawsuits handled by these courts in the past five years involved claims not exceeding KD 2,000. The amendment aims to simplify litigation for lower-value claims while preserving key legal safeguards.

The decree modifies Article 29 of the Civil and Commercial Procedures Law and replaces the texts of Articles 166, 167 (paragraphs one through three), 169, and 170. Article 166 now allows for both regular and electronic procedures for issuing payment orders, provided the creditor’s right is documented and due.

Claims must pertain to a specific monetary amount, with or without legal interest. Additionally, if the claim involves a commercial paper, the creditor must follow the expedited payment order procedure unless pursuing claims against secondary parties.

Under Article 167, the creditor must serve a payment warning to the debtor at least ten days before seeking a payment order from the relevant judge.

This notice may be delivered via registered mail or modern electronic communication methods approved by the Minister of Justice. Supporting documents, including the debt instrument and evidence of obligation, must accompany the petition. The order must be issued within three days of filing and explicitly state whether the matter is commercial.

Article 169 introduces flexibility in how debtors are notified, permitting service through email or other modern, retrievable electronic methods. If the order and accompanying petition are not served within six months of issuance, they become null and void. This reflects the judiciary’s move toward digital efficiency and aligns with evolving communication practices.

Amendments to Article 170 refine the procedures for contesting payment orders. Debtors may appeal within ten days of notification, and appeals must be reasoned. The appeal process allows for the full review of both procedural and substantive elements unless jurisdictional defects are present.
Courts may, at the appellant’s request, limit rulings to nullifying enforcement orders and schedule additional hearings if necessary. Notably, enforcement orders are now explicitly excluded from direct appeal, but rulings on grievances can still be appealed under standard judicial rules.

The explanatory memorandum accompanying the decree highlights that the shift toward electronic notifications and simplified payment orders is rooted in prior amendments and judicial challenges.

It reaffirms the judiciary’s commitment to balancing efficiency with due process. The changes also accommodate claims involving closed accounts, commonly filed by banks and service providers, and eliminate ambiguous provisions relating to movable property claims, which are rare in practice.

Finally, Article Two of the new decree tasks the Prime Minister and ministers with implementing the law, which takes effect upon publication in the Official Gazette. The reform represents a comprehensive effort to modernize litigation procedures in Kuwait’s judicial system while maintaining access to justice and procedural integrity.