Litigation procedures in Kuwait are governed by Kuwait Decree-Law No. 38/1980 Promulgating the Law of Civil and Commercial Procedures, which serves as the principal legislation regulating judicial processes. Kuwait Decree-Law No. 38/1980 outlines the framework for initiating lawsuits, conducting hearings, exchanging pleadings and issuing judgments, ensuring a fair and efficient resolution of disputes.

This Practice Note will focus on the specific procedures for litigation under Kuwait Decree-Law No. 38/1980, including the stages of filing a lawsuit, the jurisdictional rules and the practical steps required during the course of proceedings. The discussion will emphasise the formalities and procedural requirements unique to Kuwaiti courts, such as the role of the court clerk in case registration, the system for notifying defendants, and the deadlines for submissions.

While addressing these points, this Practice Note is designed to be accessible to both public and legal practitioners, including those with general expertise or limited specialisation in Kuwaiti litigation. The analysis focuses on the provisions of the laws currently in force, avoiding detailed case references, and presenting the material in a clear, concise, and practical manner suitable for a broad audience.