The federal government has issued Decree-Regulation No. 78 of 2025 to amend sure provisions of Regulation No. 17 of 1973 on judicial charges. The reform goals to cut back the variety of malicious lawsuits, reinforce the seriousness of resorting to the judiciary, and encourage various dispute decision mechanisms resembling arbitration and conciliation.
The explanatory memorandum, revealed in Kuwait Immediately, highlights that the unique legislation has remained unchanged for over fifty years, regardless of main financial and social transformations. These embody rising inflation, elevated per capita earnings, and better service prices.
The elevated authorized consciousness and public belief within the judiciary have contributed to a rising quantity of courtroom instances, resulting in extended litigation instances. The state collects judicial charges as a cost for the providers provided by the judicial system. Elevating these charges is meant to discourage baseless lawsuits and assist smoother courtroom functioning whereas sustaining entry to justice, stories Al-Rai day by day.
Article 1 of the decree replaces a number of provisions of Regulation No. 17 of 1973. Article 2 stipulates that if a lawsuit consists of a number of requests, all could also be topic to separate charges. Article 5 classifies particular claims—resembling signature authenticity, pressing issues, forgery, overseas ruling enforcement, eviction of rented property, and others—as having no determinable worth. Article 6 introduces a proportional charge construction for claims of identified worth: 5% as much as 30,000 dinars; 3.5% from 30,001 to 150,000; 2.5% from 150,001 to 500,000; 1.5% from 500,001 to five million; and 1% above 5 million dinars. A minimal charge of 10 dinars applies in all instances.
Article 7 units fastened charges for unvalued lawsuits: 10 dinars for execution requests, 50 for pressing issues, 100 for lawsuits filed in all courtroom ranges, 150 for short-term execution objections, 300 for recusal requests (variable by the variety of people), and 500 for property sale referrals.
Article 8 requires particular person charges for a number of authentic or reserve claims with out worth until they’re associated. Article 9 imposes fastened charges on private standing instances, accomplice division lawsuits, and appeals towards fee-related choices. Article 10 introduces charges for lawsuits reactivated after cancellation or suspension, together with a 5-dinar renewal charge and a ten% surcharge if refiled inside three months, with the identical events and subject material.
Articles 15 to 17 regulate charge exemption procedures. Requests should be submitted with supporting paperwork and reviewed by a three-judge committee. The exemption is private and could also be annulled if the applicant’s monetary situation improves. If an exempted social gathering is ordered to pay however can not, charges could also be recovered later upon monetary functionality.
Article 18 imposes a 5-dinar charge per particular person for warnings and bulletins unrelated to the lawsuit course of. Article 19 imposes a 0.5-dinar charge per web page for further or subsequent copies of judgments. Article 22 requires prior fee of charges or proof of exemption earlier than lawsuits are processed. If unpaid, courts will grant a grace interval; failure to pay with out justification voids the case. Article 23 applies Article 123 of the Civil and Business Procedures Regulation to charge assessments and appeals, and reaffirms the plaintiff’s duty for charges till a closing ruling.
Article 2 of the decree provides two new objects to Article 4 of Regulation No. 17 of 1973. Merchandise (w) states that claims to invalidate courtroom, judicial, or arbitral rulings will probably be estimated based mostly on the awarded worth. Merchandise (z) clarifies that claims involving letters of assure are to be valued at their whole until the dispute issues solely a part of the quantity, by which case it is going to be based mostly on that half alone.