Mediation & ADR
Arbitration in Kuwait:
Arbitration in Kuwait is still developing. Kuwait does not have a standalone comprehensive procedural arbitration law; arbitration provisions are spread around various laws. Arbitration in Kuwait is primarily governed by the Code of Civil Law No. 38 of 1980 (Articles 173 to 188) and the Judicial Arbitration in Civil and Commercial Matter Law, Law No. 11 of 1995 as amended by Law No. 12 of 2013.
Arbitration Institutions in Kuwait:
- Arbitration engineering center (AEC)
- National sports Arbitration tribunal (NSAT)
Recognition and Enforcement of Foreign Arbitral Awards in Kuwait:
Kuwait has been a Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) since 1978..
Kuwait is also a party to several other regional conventions relevant for the recognition and enforcement of foreign arbitral awards, including:
Kuwait has signed a significant number of Bilateral Investment Treaties (“BIT’s”) with other countries.
Example / When the office is engaged to represent a client in arbitration matters within Kuwait, the strategy is structured by the following guiding principles:
I- Comprehensive Planning: At the outset, we develop a clear strategy that defines the client’s objectives, evaluates the arbitration agreement, and selects the most suitable institutional or ad hoc process. This plan aligns with Kuwait’s current legislative framework, including:
Judicial Arbitration Law (Law No. 11 of 1995 as amended by Law No. 12 of 2013), governing arbitration in civil and commercial disputes; and
Kuwait Civil Law Articles 173–188, which outline requirements for valid arbitration agreements and jurisdictional rules.
Additionally, Kuwait is a signatory to the New York Convention (via Decree-Law No. 10 of 1978), which facilitates enforcement of foreign arbitration awards.
II- Stage-by-Stage Progression: The arbitration process is systematically navigated in clearly defined stages: 1- Pre-arbitration phase: Validating the arbitration clause’s form and scope, addressing jurisdictional or procedural issues. 2- Selection of arbitrators / institution: Engaging institutions such as the Kuwait Chamber of Commerce Arbitration Centre (KCAC) or recognized international bodies like ICC, LCIA, or DIAC depending on complexity and seat. 3- Written submissions and hearings: Managing evidence, legal arguments, and compliance with procedural timelines. 4- Award issuance and potential annulment: Preparing for enforcement or, should annulment occur, recognizing that Kuwaiti courts have the authority to decide the merits if the award is set aside.
III- Full Coverage of Procedures: The strategy covers all pertinent procedural steps—from initiating arbitration to validating enforceability of the award. This includes adherence to formal requirements for domestic enforcement and recognition of foreign awards, particularly through ensuring documents comply with language, certification, and public policy prerequisites.
IV- Prioritization: The plan emphasizes time-sensitive and jurisdiction-critical components: Addressing challenges to the arbitration agreement early. Ensuring procedural compliance to guard enforceability. Monitoring the risk of annulment and forming contingency plans accordingly.
V- Costs and Duration: Estimating the anticipated expenses and timeframe of the proceedings.
VI- Decision to Proceed: Reaching a final decision to file the case while ensuring compliance with formal and procedural requirements.
VI- Legal Report: Preparing a detailed legal report for your review and record.
VII- Consultation: Engaging in consultation with you to agree on the most suitable legal course of action. This structured approach is designed to safeguard your interests and to ensure that all aspects of the matter are addressed with due diligence and precision.