 
                                                    A Fundamental Shift in the Litigation System
 
                        The wheel of legislative reforms has begun turning within the Council of Ministers, which, in its most recent session, approved two decrees of utmost importance that directly impact the core of our judicial system. The first decree amends certain provisions of Law No. 10 of 2020 regarding notarization, allowing electronic notarization through modern communication means without the physical presence of the individual before the notary at the Ministry of Justice. The second decree amends certain provisions of the Code of Criminal Procedure and Trials issued under Law No. 17 of 1960, extending the appeal period to thirty days and authorizing the court or prosecutor to summon parties by any modern means of communication. While both amendments are significant and, upon implementation, will constitute a transformative step in the litigation system, I, as a legal professional, consider the extension of the appeal period before the Court of Appeal particularly pivotal. The appeal process is a fundamental element of justice, enabling parties to review judicial decisions and ensure the procedural integrity of the legal process. The legal community has engaged in extensive and ongoing discussions over recent years concerning the duration of appeal periods, which had previously represented a point of contention between statutory law and practical application. Previously, appeal deadlines ranged between fifteen and thirty days depending on the nature of the case, which was considered a restriction on the litigants’ right to appeal, prompting calls from both civil society and legal experts for reform. Extending the appeal period to thirty days establishes a balance between the rights of litigants across all types of cases and affords counsel adequate time to review lower court rulings, gather necessary documents and evidence, and prepare comprehensive legal arguments. Many cases not covered by the prior thirty-day period required additional time for gathering essential information and presenting further defenses that could potentially alter the judgment. Moreover, the extension allows parties to engage specialized counsel tailored to the nature of the dispute, thereby enhancing the likelihood of achieving justice and safeguarding the fundamental right to defense—a cornerstone principle in legal systems. Another supporting consideration for extending the appeal period is the frequent exposure of cases to complex procedures, statutes, and regulations, which necessitate additional time for thorough legal analysis. This extension enables attorneys to make informed decisions regarding their next legal steps and overall case strategy. Undoubtedly, increasing the appeal duration within the appellate stage—a central and pivotal phase in the hierarchy of litigation—will contribute to the issuance of higher-quality, well-considered judgments. Providing sufficient time for in-depth review of cases enhances the likelihood of fair and reasoned rulings, thereby strengthening public confidence in Kuwait’s judicial system.
 
                     
                                                    