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Arab Times
13 hours ago
- Business
- Arab Times
Judicial Specialization: The missing pillar in Kuwait's economic reform vision
Adapted and expanded from an original interview conducted by journalist Abdullah Othman and published in Al-Nahar on July 18, 2025. This version has been updated to reflect current legal developments and strategic judicial reform initiatives. In a progressive move aimed at accelerating the resolution of commercial disputes and enhancing Kuwait's competitiveness, Minister of Justice Counselor Nasser Al-Sumeit recently issued a ministerial decision forming a specialized committee to draft a decree-law for the establishment of specialized economic courts, along with its explanatory memorandum. The committee, chaired by Counselor Abdullah Al-Qusaimi, includes representatives from key national institutions such as the Central Bank, the Ministry of Commerce, the Kuwait Bar Association, and Kuwait University. It is tasked with delivering a framework that reflects international best practices while addressing the complex realities of Kuwait's evolving economy. This governmental initiative is both timely and visionary. However, to truly transform the justice system and support economic modernization, Kuwait must go beyond establishing a single economic court. What is required is a fully integrated system of specialized courts structured by value, subject matter, and legal complexity. This will ensure that commercial and financial disputes are resolved swiftly, competently, and in line with global standards. Why Judicial Specialization Is Strategic. Specialized courts are no longer an administrative preference. They are a structural necessity. In modern economies, disputes span a wide range of sectors including taxation, customs, capital markets, insolvency, anti-money laundering, intellectual property, cross-border finance, and complex commercial fraud. Each domain carries unique legal and regulatory requirements that demand judicial expertise. Placing all these matters under one general economic court risks jurisdictional overlap, inefficiency, and procedural delay. A segmented and specialized judiciary, on the other hand, empowers judges to build sectoral depth, improves case flow, and enhances investor confidence. This is a key driver behind the Minister's initiative Global Best Practices and Local Relevance Kuwait's proposed judicial reform should mirror the legal sophistication of mature economies. Models such as the UK's Business and Property Courts and the Delaware Court of Chancery in the United States provide strong benchmarks. These systems offer specialized procedures, expert judges, and value-based jurisdiction. This leads to faster litigation cycles, improved consistency, and greater legal certainty for commercial actors. Kuwait must now build a framework that translates those advantages into its local context. A Framework for Kuwait's Specialized Judiciary In response to the Ministry's directive, the following structural proposal is recommended: 1. Value-Based Specialization High-Value Commercial Court: Jurisdiction over disputes exceeding KD 5 million, or those involving cross-border or institutional finance. 2. Subject-Matter Specialization Tax and Customs Court Capital Markets and Investment Court Insolvency Court (with separate civil and criminal divisions) Economic Crimes Court Intellectual Property and Technology Court Competition and Consumer Protection Court This segmentation ensures that each dispute is handled by a judiciary with domain-specific competence and procedural efficiency. Anticipated Impact on Kuwait's Investment Climate The Minister's initiative reflects a broader realization. A modern economy requires a modern judiciary. If properly implemented, judicial specialization will yield profound benefits, including: Faster resolution of commercial and investment disputes Reduced reliance on international arbitration Greater legal certainty for investors and businesses Alignment with global standards in dispute resolution Direct support for Kuwait Vision 2035 as a legal and financial center Kuwait's message to the global investment community will be unmistakable. This is a jurisdiction that protects capital through competence, speed, and legal clarity. Legislative Feasibility and Institutional Readiness Kuwait's constitutional and legal framework fully supports this direction. Articles 164 and 166 of the Constitution grant the legislature authority to structure the judiciary, provided that the principle of dual-instance litigation is upheld. Additionally, the newly enacted Judicial Fees Law No. 78 of 2025 introduces a proportional fee of 1 percent for cases exceeding KD 5 million. This serves as a significant policy tool supporting the creation of value-based judicial channels. The Ministry's inclusive committee, comprising stakeholders from the judiciary, academia, financial regulators, and investment authorities, provides a strong foundation for building consensus and shaping a specialized court system rooted in Kuwait's legal identity. Academic and Comparative Insights Legal education in Kuwait has long acknowledged the importance of specialization. At Kuwait International Law School, advanced courses such as Economic Crimes I and II reflect the layered complexity of modern litigation, where financial understanding and legal analysis intersect. Assigning such cases to general criminal courts or bundling them into a single economic court undermines their intricacy. Instead, they must be addressed within specialized judicial tracks, managed by judges trained in both law and financial systems. Internationally, Egypt's experience with economic courts offers valuable lessons. While pioneering in the region, Egypt's model faces challenges from jurisdictional overlap and the merger of civil and criminal cases into a single court. Kuwait should avoid this approach. Conclusion: Aligning Legal Reform with Economic Ambition The decision to establish specialized courts is a critical and welcome milestone. But Kuwait must now look beyond a single economic court and embrace a full architecture of judicial specialization. It must be modular, expert-driven, and tailored to the modern business environment. This is not merely a reform of the courts. It is a structural investment in Kuwait's economic future. A truly competitive economy is built on three pillars: sound regulation, business-friendly policy, and judicial certainty. Kuwait is now poised to lead by building a legal infrastructure that reflects its aspirations, supports its investors, and upholds its role as a regional leader in law, finance, and governance.


South China Morning Post
17 hours ago
- South China Morning Post
China ramps up crackdown on strategic mineral smugglers, vows stronger export controls
A number of suspects involved in strategic mineral smuggling had been arrested, Chinese authorities said on Saturday, while pledging stronger enforcement of export controls to prevent illegal shipments and technology transfers for military use. The Ministry of Commerce statement came during a high-level export-control meeting in Nanning, capital of Guangxi Zhuang autonomous region – an area of southern China rich in strategic mineral reserves . Multiple ministries attended the meeting, which was organised by the national coordination office for export control. Officials at the meeting said the situation in combating the smuggling of strategic minerals 'remained severe'. They said plans were under way to set up a joint enforcement and coordination centre for export controls on dual-use items for both civilian and military use, as a special operation to crack down on smuggling continued. The special operation launched in May has resulted in multiple arrests, according to the ministry statement. However, Saturday's progress update meeting did not reveal the exact number of arrests made so far. 'Relevant departments must take full responsibility for their duties, maintain a high-pressure approach of strict investigation and enforcement, and firmly prevent the illegal outflow of strategic minerals and related technologies,' the statement said. Authorities said that some offenders continued to collude with foreign parties to carry out illegal exports driven by personal gain. Tactics to evade detection – such as false declarations and transshipment through third countries – had become 'increasingly covert', they warned.


South China Morning Post
17 hours ago
- South China Morning Post
China cracks down on rare earth smugglers, vowing stronger export controls
Chinese authorities said a number of suspects involved in strategic mineral smuggling had been arrested and vowed to strengthen enforcement of export controls to prevent the illegal use of goods and technologies for military purposes. The statement from the Ministry of Commerce came during a high-level meeting on Saturday in Nanning city in Guangxi Zhuang autonomous region – an area of southern China rich in strategic mineral reserves . The meeting was organised by the Office of the National Export Control Coordination Mechanism and attended by multiple ministries. Officials at the meeting said the situation in combating the smuggling of strategic minerals 'remained severe'. They said they planned to set up a joint enforcement and coordination centre for export controls on dual-use items for both civilian and military use as they carried out a special operation to crack down on smuggling. 'Relevant departments must take full responsibility for their duties, maintain a high-pressure approach of strict investigation and enforcement, and firmly prevent the illegal outflow of strategic minerals and related technologies,' the statement said. The authorities launched the special operation to combat strategic mineral smuggling in May, which resulted in the arrests. In the progress update meeting on Saturday, authorities did not specify the exact number of arrests they had made so far. They said that some offenders continued to collude with foreign parties to carry out illegal exports driven by personal gain. They warned that tactics to evade – such as false declarations and transshipment through third countries – had become 'increasingly covert'.
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Business Standard
2 days ago
- Business
- Business Standard
A glimmer of hope as Beijing processes rare-earth magnet requests
The export restrictions, which took effect on April 4, apply to rare earth magnets, which are critical components in industries ranging from automobiles and electronics to health care and defence Shreya Nandi New Delhi Listen to This Article Chinese authorities have informed New Delhi that they are processing applications from Indian importers seeking shipments of rare earth magnets, amid new export licensing rules imposed by Beijing. The export restrictions, which took effect on April 4, apply to rare earth magnets, which are critical components in industries ranging from automobiles and electronics to health care and defence. China introduced the curbs in response to heightened tariffs imposed by the US on Chinese goods. The Indian automobile sector raised concerns last month over disruptions caused by the delay in obtaining import approvals from China's Ministry of Commerce. Industry executives warned


Express Tribune
2 days ago
- Automotive
- Express Tribune
Suzuki warns against used vehicle imports
Listen to article The CEO of Suzuki Motor Company Pakistan met with the coordinator to the prime minister on commerce to discuss challenges facing the local automotive industry, particularly the implications of allowing used vehicle imports for commercial use. According to a statement, Suzuki representatives voiced concerns that opening Pakistan's market to imported used vehicles could lead to an influx of lower-quality cars. They warned that this could undermine customer welfare and damage the auto industry by allowing substandard vehicles to dominate the market. The Ministry of Commerce officials acknowledged the concerns and assured the delegation that appropriate safeguards would be incorporated into the forthcoming Import Policy Order.