Originally from Enforcement of Money Judgments

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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

The courts are not very receptive.

B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.

The Civil and Commercial Procedure Code provides in Article 199 for the enforcement of foreign judgment provided:

— It was issued by a court with proper jurisdiction,

— The parties have been properly notified of the proceedings and have been represented,

— That the judgment has become final and immediately executable,

— That it does not contradict an existing Kuwaiti judgment on the same matter and does not do anything that is contrary to public policy and morality.

The stumbling block is the requirement for proof of reciprocal treatment. Reciprocity is proven either by the existence of a bilateral treaty or as a matter of fact showing that the issuing court did indeed enforce a Kuwaiti judgment or that under similar circumstances the laws of the issuing country allow for the enforcement of a Kuwaiti judgment. Foreign law is proved as a matter of fact to the court. This is usually done through sworn affidavits by licensed lawyers from the jurisdiction of the issuing country and contradicted by similar affidavits. This process becomes longer than re-litigating the case on the merits. Usually the creditor of the judgment applies for a prejudgment attachment and that has the effect of inducing a settlement.