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Reading: Kuwait Repeals Capital Markets Court in Decree-Law 91 and Shifts Non-Criminal Disputes to Economic Circuits
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Justice GCC > Legislation > Kuwait Repeals Capital Markets Court in Decree-Law 91 and Shifts Non-Criminal Disputes to Economic Circuits
Legislation

Kuwait Repeals Capital Markets Court in Decree-Law 91 and Shifts Non-Criminal Disputes to Economic Circuits

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Last updated: September 21, 2026 8:52 am
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Kuwait has issued Decree-Law No. 91 of 2026 amending Law No. 7 of 2010 on the Capital Markets Authority, according to the Official Gazette published on September 20 2026. The decree repeals seven articles that had established the Capital Markets Court and governed its procedures and appeals while reassigning non-criminal disputes arising from securities activity to the Economic Circuits formed under Decree-Law No. 88 of 2026. Criminal offences under the Capital Markets Authority Law will now follow the general rules of criminal jurisdiction and procedure. The Ministry of Justice had earlier outlined the shift in related legislative documents that tie the two decree-laws together.

Decree-Law 91 updates the definitions of both the competent minister and the competent court within the Capital Markets Authority statute, Times Kuwait reported on September 21 2026. It replaces earlier references to the Capital Markets Court with the Economic Circuits for civil, commercial and administrative matters. A transitional clause directs the existing Capital Markets Court to continue hearing all cases and appeals already registered before the effective date until those matters reach final judgment. The decree cancels any conflicting legal provisions and mandates publication in the Official Gazette.

The companion Decree-Law No. 88 of 2026, which established the Economic Circuits at the levels of first instance, appeal and cassation, will activate the entire framework on October 1 2027, according to the Ministry of Justice explanatory materials released in August 2026. That law creates specialized benches supported by technical experts, a case-preparation office and digital litigation tools while introducing mandatory settlement procedures before trial. Existing cases filed with the Capital Markets Court or other relevant departments will remain under the prior system until completion, the transitional rules state. The Justice Ministry must issue implementing regulations before the October 2027 start.

The reform forms part of a broader effort to accelerate commercial dispute resolution and align judicial processes with the New Kuwait 2035 development plan, Kuwait Times noted in coverage of specialist commentary. An explanatory memorandum published by the Ministry of Justice in August 2026 listed three core objectives for the economic circuits: judicial specialization, simplified procedures and legislative flexibility to accommodate financial and technological change. The circuits hold exclusive jurisdiction over disputes involving banks, financial markets, investment, competition, trademarks and major commercial contracts while excluding labour matters.

Specialists and academics told KUNA that the specialized economic courts are expected to strengthen contract enforcement, lower litigation costs and risks, and release tied-up capital back into productive activity more quickly. The changes also expand electronic litigation, maintain a public database of judgments and link a dedicated enforcement department electronically with other government bodies. Kuwait Times reported that the measures aim to improve the country’s ranking on global indicators for ease of doing business and to reinforce investor confidence in the legal environment.

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ByNewsDesk
Justice GCC NewsDesk is the desk responsible for Justice GCC's daily news coverage, monitoring and reporting developments across the Gulf from official sources, including national news agencies and government communications. Its focus is accurate, timely and factual coverage of the region.
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