Civil and Commercial Cases

Working With Us, Step by Step

1. Booking a consultation: The relationship begins when you book an appointment through the booking page on our website or by calling the office, with a short description of the dispute and the parties involved, so that the right lawyer can be assigned to the matter and the meeting can be prepared on a clear footing. When booking, it helps to mention whether you already have a hearing date or a notice with an approaching deadline.
2. Reviewing the documents and facts: In the consultation we listen to your full account, then review your contracts, correspondence, receipts and any earlier judgments. We identify what evidence the file is missing, whether the dispute is civil or commercial, and which court has jurisdiction. From the outset we also alert you to any legal time limit that must be observed so that your right is not lost with the passage of time.
3. Legal opinion and available options: We give you a written or oral opinion that sets out your legal position frankly, together with the possible routes — an amicable settlement, a formal notice, filing a lawsuit, or arbitration where there is a clause requiring it — explaining the strengths, weaknesses and potential risks of each option, so your decision is based on the full picture.
4. Engagement and power of attorney: If you decide to proceed, we sign a fee agreement with you that defines the scope of work precisely. You then issue the firm an official power of attorney at the Documentation Department of the Ministry of Justice, or through the approved channel, authorising us to represent you before the courts and the competent authorities. The agreement states clearly what the work covers and what it does not, such as appeal or enforcement stages, so there are no surprises later.
5. Filing or defending the case and following it through: We prepare the statement of claim or the defence memorandum, attend the hearings, submit memoranda and documents, address expert reports, and follow the file through the various stages of litigation up to enforcement. Before important hearings we prepare with you any additional documents or information that may be needed, so the case is not adjourned because of a gap that could have been filled.
6. Keeping you informed: We notify you of hearing dates and what happens at them, explain the effect of every decision or judgment issued, and consult you before any significant step such as accepting a settlement or appealing a judgment — the final decision is always yours. You can ask about the status of your case at any time and have it explained in clear language, free of complicated jargon.

When Do You Need a Lawyer in Civil and Commercial Matters?

• You paid a contractor or a company and the work was not carried out, or it was carried out contrary to the agreed specifications, and the other party refuses to fix it or refund the money.
• You lent someone money by bank transfer or arranged it over WhatsApp without a written contract, and they have stopped paying and deny the debt.
• You bought a car or a property and a defect that was not disclosed at the time of sale has since appeared, or the seller refuses to transfer ownership after receiving the price.
• You have received a formal notice or been served with a statement of claim filed against you, and you need to know where you stand before the first hearing.
• You deal commercially with a supplier or customer who is behind on accumulated invoices, and you want to recover the money without losing the business relationship if possible.
• You want to end a commercial, supply or agency contract and are concerned that ending it could be treated as a breach that makes you liable for compensation.
• You have suffered material or moral harm through the fault of a person or an entity — an accident, damage to property, or misuse of your information — and you want to claim compensation.
• You obtained a final judgment that has not been enforced, or a judgment was issued against you and you want to know whether it can be challenged and within what period.

Documents to Bring to Your Consultation

• Your civil ID; for companies: the commercial licence, commercial registration certificate, memorandum of association, and proof of the authority of the person representing the company.
• The contract in dispute with all its annexes and amendments, or the quotations and purchase orders if there is no signed contract.
• Proof of payment: receipts, bank statements, transfer confirmations, cheques or copies of them.
• Correspondence with the other party: emails, WhatsApp messages and text messages — preferably kept on the original phone without deleting anything.
• Invoices, delivery and receipt notes, inspection reports, and any photos or videos documenting the condition of the work, goods or property.
• Any formal notice, statement of claim or summons you have received, with the date you received it.
• Earlier judgments or decisions issued in the same dispute or a related one, and any expert reports.
• The details you have for the other party: full name, civil ID number or commercial registration number, and address.
• The names and contact numbers of anyone who witnessed the agreement or the incident, if any.
• Advertisements, catalogues or website pages presented to you when you contracted, if the dispute concerns the specifications of a product or service.
• Any earlier powers of attorney and memoranda from a previous lawyer, if another lawyer has already been instructed on the same matter.
• A short written summary of the sequence of events and their dates — it shortens the consultation and reduces the chance of overlooking an important fact.

Frequently Asked Questions

Can I claim a debt if there is no written contract?

Yes, in many cases. Proof is not limited to a signed contract: you can rely on bank transfers, electronic messages, the debtor's admission and circumstantial evidence, and the weight of this evidence varies with the circumstances of each case. The rules of evidence are also broader in commercial matters than in civil ones, which is why our assessment always starts with an inventory of the evidence you hold. For more detail, see Proof by Electronic Messages and WhatsApp in Kuwait.

What is the difference between a civil case and a commercial case?

The classification depends on the nature of the transaction and the capacity of the parties: acts specified in Commercial Law No. 68 of 1980, or carried out by a trader for the purposes of their trade, are commercial, while the rest are generally governed by Civil Code No. 67 of 1980. This classification has practical consequences for which court circuit hears the dispute, what evidence is admissible, and certain rules on interest and limitation, so we make a point of determining it from the start. A transaction may also be commercial for one party and civil for the other — for example, a consumer buying goods from a company — which calls for careful assessment of its consequences.

Will I lose my right if I delay filing the lawsuit?

The right to bring a claim can lapse once the period set by law has passed, and that period differs depending on the type of right: the period for a claim for compensation for a harmful act is not the same as for a commercial debt or for rent. There are also grounds that interrupt or suspend limitation, such as a judicial claim or the debtor's acknowledgement of the debt. We therefore advise you not to wait and to contact the firm as soon as the dispute arises; you can also read Limitation in Kuwaiti Law: Types and Grounds for Interruption.

My contract contains an arbitration clause — can I still file a lawsuit in court?

An arbitration clause means the parties agreed to refer the dispute to an arbitral tribunal instead of the ordinary courts, and if the other party invokes the clause at the proper time, the court will not hear the merits of the dispute. The arbitration procedure depends on how the clause is drafted: it may be voluntary arbitration governed by the Civil and Commercial Procedure Law No. 38 of 1980, or judicial arbitration under Law No. 11 of 1995. In some cases it is still possible to go to the urgent-matters court for an interim measure despite the clause. We therefore review the wording of the clause before choosing the route; see also Commercial Arbitration in Kuwait.

How long does a civil or commercial case take in Kuwait?

No fixed duration can be given, because timing depends on many factors, including proper service on the opponents, whether the case needs to be referred to the Experts Department, and how many levels of litigation the parties pursue. It also differs between an ordinary lawsuit and certain faster routes provided by law, such as payment orders for debts proven in writing where their conditions are met. Any lawyer who promises you a set duration in advance is promising something beyond their control. What we commit to is diligent follow-up of the file, keeping you informed of every development and of what can be done to avoid unjustified delay.

Do I have to attend the hearings in person?

Usually not: the official power of attorney authorises the lawyer to attend hearings on your behalf and to present the defence and documents. However, the court may require you to appear in person in certain situations, such as to be questioned or to take an oath, and in that case we notify you in advance and prepare you for what you will be asked. If you are outside Kuwait, the power of attorney can be issued abroad through the approved authentication procedures, and we make sure you know about everything submitted in your name before it is filed.

What if I lose the case — will I have to pay the other side's costs?

As a rule, the court orders the losing party to pay the costs of the case, and it may also award attorney's fees, which it assesses within the limits set by law and which are separate from the actual fees agreed between each party and their own lawyer. The losing party may also be ordered to bear the expert's deposit if an expert was appointed. That is why we discuss these possibilities with you as part of the risk assessment before filing, not afterwards.

Can I settle with the other party after the lawsuit has been filed?

Yes, a settlement is permitted at any stage of the proceedings in financial matters, and it can be recorded in the hearing minutes or attached to them, giving it the force of an enforceable instrument. A well-considered settlement is often more beneficial to the client than a judgment that takes a long time to enforce. We never accept any settlement offer without first presenting it to you, explaining its effects and obtaining your express approval, and we take care to draft its terms precisely so that no new dispute arises over their interpretation or performance.