KUWAIT CITY, Jan 11: Despite the widespread agreement on the importance of taking measures to ensure the seriousness of litigation, curb malicious lawsuits, and reduce pressure on the courts, these steps should not come at the cost of individuals’ fundamental right to litigation. As the government moves toward approving amendments to the Civil and Commercial Procedures Law, which includes an increase in fees and guarantees for appealing court rulings, concerns arise about how these changes may obstruct access to justice. These proposed changes have the potential to hinder the right to litigation, especially if the increase in fees and guarantees are set too high, disproportionately burdening plaintiffs. Any amendments must consider alternative legal mechanisms, such as conciliation, settlement, and judicial mediation, which could serve as more accessible pathways to justice.

The right to litigation is enshrined in the Kuwaiti Constitution and supported by international law. Any amendments should ensure that while litigation is made serious, the fees and guarantees do not make the right to appeal inaccessible or unconstitutional. A balance must be struck to preserve both the effectiveness of the judicial process and the right to access justice, particularly in cases where the value of claims is relatively low. Furthermore, the recent proposal to limit access to the Court of Cassation for cases valued below 30,000 dinars risks eliminating the opportunity for judicial review of such cases, potentially allowing errors to go uncorrected.

With the Court of Cassation currently addressing over 8,000 appeals annually, many stemming from judicial errors, reducing the volume of appeals without addressing the root cause of these errors could undermine the integrity of the judicial system. As such, alternative dispute resolution mechanisms, such as settlement, conciliation, and judicial mediation, must be incorporated into the legal framework. These alternatives would help alleviate the burden on the courts while ensuring that litigants still have access to justice through nontraditional means, ultimately ensuring that litigation remains a right accessible to all.