Introduction

o Our company is very specialized in amicable Claims, Court disputes and Arbitration cases,

and both claim amicable procedures and court procedures

o We have an actual & Realistic and wide experience to perform all kinds of construction

conflicts and court disputes

o We have a very high understanding to use the contract clauses that shall enable us to

classify all kinds of construction variations

o Our understanding to all cases is based on the high court sentences that give the right

directions to all conflict’s strategies

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Experiences and our Understanding of the service

From our work cases and real field experiment, we have a very clear understanding for Example

but not exclusive:

o Interpretation of contracts, Local Laws and regulations

o Claim Strategy, Preparation and negotiation

o Contracts documents priorities, from where we can get our client rights

o Contract and Law Obligations and how to classify and determine the right obligation &

o kinds of obligations

o The power of construction forms and documents as a prove tools

o Civil and Commercial Procedures Law

o Disputes procedures through the First Instance up to the Supreme Court

o Expert rules, regulations, meeting and prove tools and evidences

o Wording of the demands as the most important item in the disputes

o What must be written to the expert and what must be written to the judge in all stages of

disputes

o Control the time of conflict in the court and how to not allow to the opponent to enlarge

the time of dispute

o We continuously Read and study the other cases final judgment sentences of high court to

use in our cases writing to strength our cases

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Dispute stage

1. Filing the case

 Documents Translation to Arabic

o Filing a case require to translate all the case document into Arabic as Kuwaiti law rules

o All Translated Documents must be signed and stamped by endorsed translation firm

o We used in our company to translate all required document by a professional translator

in our office and get signature and stamp from the translation firm

o The translation is an important and basic process in all case procedures

o We Do not Know the volume of document that may need translation, but we shall

assign the resources to perform the professional translation in not less than a month before the

statement of claim

2. The Court of First Instance: FIC.

 Statement of Claim

o We prepare the statement of claim with the legal consultant

o It is main principle in our work that the most important item In the statement of Claim

is the wording of demands

o We understand that the Demands wording must be subjected to an accurate study by

all team specifically the legal consultant, because the wording here is very critical and may send the

case to fail or win alike

o The Demands are ruled by the code of procedures,

o The case takes date and time (named “the table” for the Court of First Instance

o The Acknowledgement procedures take place by the court Acknowledgement

department through about 30:45 Days

o The Court of First Instance hold from 2: 4 times in a 2:4 months

اﻹﺣﺎﻟﺔ

ﺣﻛم  Preliminary ruling

o Transfer the case to Expert Department (Refer to expert dept.)

o We understand very clearly the Expert rules in practical and actual cases

o We understand very clearly that the preliminary ruling is an order from the judge to the

experts to study the conflict between the claimant VS respondent, in the limit of judge statements

o Accordingly, we do not allow by all means to both Expert and respondent to take us out

of judge order to control the case time, this is very important rule in our work

o We Understand that the Expert has now right to explain the law as the law explanation

is an exclusively for the judge, this also is very important rule

o Preliminary ruling issued from the esteemed first Instance with a nominated period and

date for the next holding (usually from 6: 8 months)

o This period is given to the expert to put his report for preliminary ruling

o The expert to submit his report through the nominated period

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Trade: Rail ways – Billets – Rebar-Coils Oil Trading: Diesel – Jet.A1

o If the experts meeting does not finish through the PR. Period, he may ask to delay the

report, accordingly the FIC decide to delay to forecast date, while the expert continue to manage the

meeting until covering all cases from both

 Experts Procedures

o The “Refer to expert dept.” take from 2:3 Months

o The Expert department Acknowledge the opponents

o We already have started to prepare our Pleading brief very earlier immediately after

translation, by our experience and expectation of the PR. statement

o We submit our first Pleading brief to the expert

o This Brief contains all our demands statements, claims, calculations, legal referrals,

contractual referrals supported by all evident as per our large experiences for what must be written to

the experts

o The Expert Meetings continue through the PR. Nominated period or more, depending

on the volume of documents submitted by both claimant and respondent

o The Expert issue his report

o We study the report, if it meets our demand, we agree for the report by written brief to

the esteemed FIC.

o If the expert report does not meet our demand we, prepare a brief to the FIC to submit

to FIC. To explain our objections for the expert report depending on:

 Procedures Objection

 Subjective Objections

 Legal Objections

o Again, The FIC holds for 2: 4 seats in about 2:3 months

o The FIC may issue the its decision in the case (very rarely)

o Alternatively, in majority cases The FIC decides to return the case to the expert to

restudy, same as the PR. With a nominated period and date

o This takes about 6: 8 Months

o The Expert held the second expert period in the same procedure as the first expert

period

o After issuing the second expert report the same procedures are repeated

o Back to FIC to issue the first-degree decision

o The FIC decision has the first-degree Binding force

o If the FIC decision meets our demands, we agree

o If the FIC decision meets our demands, we prepare and submit our objection to the FIC

decision

o If no one object the FIC decision turned to final degree Binding force

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Trade: Rail ways – Billets – Rebar-Coils Oil Trading: Diesel – Jet.A1

3. The Court of Appeal (Court of Second degree) COA

The same Procedure of the FIC Stage

 Preliminary ruling

 Experts Procedure

o The FIC decision has the final degree Binding force

o The claimant may demand execute the judge sentence unless the respondent do not

demand to hold until the final supreme court decision

4. The Supreme Court SC.

o The SC. is the final stage

o Usually the SC. hold to judge the other two degrees procedures

o But The SC. May Decide to proceed judging on the case subject

o SC. May Transfer to the expert again once or twice

o Then issue the final decision

o The SC. decision has the force of higher degree Binding force