Background

A company filed a case against two defendants and requested the court to order the first defendant to amend a transaction in accordance with Article 3 of Kuwait Law No. 41/1993.

The court rejected the case.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation.

The court repealed the ruling and referred the case to the committee of experts in the Ministry of Justice.

The court stated it was persuaded by the conclusions of the experts and stated the first defendant had made a negative decision by refusing to buy the disputed debt.

The court accepted the case and ruled the mentioned transaction should be amended in accordance with Article 3 of Kuwait Law No. 41/1993.