06/07/2025
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06/07/2025
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KUWAIT CITY, July 6: Decree-Law No. 78 of 2025 has been issued, introducing amendments to certain provisions of Law No. 17 of 1973 concerning court fees. The updated legislation aims to curb the growing number of frivolous or malicious lawsuits, reinforce the seriousness of legal action, and encourage alternative dispute resolution methods, such as arbitration and conciliation.
The explanatory memorandum accompanying the decree, published in the Kuwait Alyom on Sunday, noted that the original law, enacted more than five decades ago, had remained unchanged despite significant economic and social developments. These include rising inflation, increased per capita income, and higher costs for goods and services. Additionally, the growing legal awareness among the public and their confidence in the judiciary have led to a steady increase in the number of lawsuits filed, placing a burden on the courts and prolonging the time required to reach judgments.
The memorandum emphasized that court fees—collected by the state in return for access to judicial services—should be revised to reflect these changes. By increasing these fees, the government aims to discourage the filing of frivolous or non-serious cases and promote the use of alternative dispute resolution mechanisms. The revisions are designed to strike a balance between upholding the constitutional right to litigation and ensuring the efficient operation of the judicial system.
Key Amendments Under Article 1
Article 1 of the decree-law replaces several provisions of Law No. 17 of 1973, including Articles 2, 5, 6, 7, 8 (first paragraph), 9, 10, 15, 16, 17, 18 (first paragraph), 19, 22, and 23. Below are key highlights:
Article 2: In cases involving multiple claims of known value stemming from a single legal cause—whether original or both original and subsidiary—the fee assessment shall be based on their combined value. If the claims arise from different legal causes, each shall be assessed separately.
Article 5: When the value of a claim cannot be determined, it shall be considered as having no financial value. The following types of claims are explicitly classified as such:
(A) Lawsuits to validate signatures
(B) Lawsuits and motions submitted to emergency judges
(C) Claims of original forgery
(D) Requests to enforce arbitral awards and appeals thereof
(E) Requests to enforce foreign court rulings
(F) Motions to recuse judges, experts, and arbitrators
(G) Petitions and related complaints submitted to the Execution Department
(H) Claims related to easement rights, and requests for interpretation or correction of judgments
These changes signal a significant shift in how judicial resources are allocated and accessed, aiming to modernize Kuwait’s legal framework in line with current realities.
