Originally from
The Practitioner’s Guide to Arbitration in the Middle East and North Africa-Hardcover
The Practitioner’s Guide to Arbitration in the Middle East and North Africa-Electronic
Chapter 6 - Preview Page
STATE OF KUWAIT
By Mohammed Al Noor
PART I
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.
www.moj.gov.kw/English/JudicialArbitration/EnglishTemplete_light. asp?pageid=LIGHTS_FILES%5CENGLISH%5CKUWAIT_ARBITRATION.HTM
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.
Full Table of Contents from "The Practitioner’s Guide to Arbitration in the Middle East and North Africa"
About the Editor
Introduction
Questionnaire Summary
Detailed Questionnaire
Algeria
by
Amine Ghellal, Ghellal & Mekerba
Kingdom of Bahrain
by
Hassan Radhi, Hassan Radhi & Associates
Arab Republic of Egypt
by
Hossam Tawfik Hafez, Marwa Saleh and Nadia Merhi, Denton Wilde Sapte Egypt LLC
Islamic Republic of Iran
by
Jamal Seifi, Dr. Jamal Sefi & Associates
Hashemite Kingdom of Jordan
by
Omar N. Nabulsi, Nabulsi & Associates
State of Kuwait
by
Mohammed Al Noor, Al-Twaijri and Partners Law Firm (TLF)
Lebanese Republic
by
Ibrahim Najjar, Ibrahim Najjar Law Firm
Libya
by
Mostafa Nagy, El-Dib Advocates Law Firm
Kingdom of Morocco
by
Amin Hajji, Hajji & Associés Law Firm
Sultanate of Oman
by
Said Al Shahry and Stephen Hibbert, Said Al Shahry Law Office (SASLO)
Palestine
by
Haytham Al Zubi, Al Zubi Law Office
State of Qatar
by
Ahmad Anani, Advocate Mohammed Al Marri
Kingdom of Saudi Arabia
by
Salah Deeb, Al Tamimi & Company
Republic of Sudan
by
El Tayeb Hassabelrasoul, Aztan Legal Consultancy
Syrian Arab Republic
by
Fadi Kardous, Kardous Law Office
Tunisian Republic
by
Habib Malouche, Malouche Law Firm
United Arab Emirates
by
Essam Al Tamimi and Emma van Son, Al Tamimi & Company
Republic of Yemen
by
Sheikh Tariq Abdullah, Law Offices of Sheikh Tariq Abdullah
Mohammed Al Noor, Al-Twaijri and Partners Law Firm (TLF)