State of Kuwait - Chapter 6 - The Practitioner's Guide to Arbitration in the Middle East and North Africa
Mohammed Al Noor, Al-Twaijri and Partners Law Firm (TLF)
A. Arbitration Laws
1. Please identify by title and date the principal laws and regulations governing (i) domestic and (ii) international arbitration in your State.
The Civil and Commercial Procedure Law No. 38 of 1980 provides the basis of the law governing the arbitration process in Kuwait. Articles 173 to 188 of the said law deal with arbitration. In view of the considerable importance of the arbitration system, Law No. 11 of 1995 on Judicial Arbitration in Civil and Commercial Matters was promulgated. Kuwaiti law does not distinguish between domestic or foreign arbitration. Forum selection is left to the parties to negotiate and to specify in their agreement. It is common in contracts involving foreign investors to include clauses specifying arbitration to be conducted in accordance with the rules of the International Chamber of Commerce or another international arbitral forum.
2. Please provide an electronic link (i) to an English language translation of the laws and regulations identified in Question 1 above and (ii) to the Arabic text.
3. Are any of the laws and regulations identified in Question 1 above based on the UNCITRAL Model Arbitration Law, including UNCITRAL’s Revised Articles? If so, is this expresslystated in the relevant laws and regulations?
The Kuwait Arbitration Law was developed in keeping with the prevailing international legal standards for arbitration and conciliation. Some enactments on arbitration law are based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law.