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Arbitration Under Kuwaiti Law

Arbitration Under Kuwaiti Law ARBITRATION UNDER KUWAITI LAW Isa A Huneidi* Introduction The present law governing arbitration in Kuwait came into effect in 1980 with the declared aim of simplifying its procedure, clarifying certain provisions, and settling a number of issues on which legal opinions differed. The new legislation which is embodied in the Kuwaiti Civil and Commercial Procedure Code of 1980 came none too soon. Under the old law procedure itself was not the problem; the real problem was that most of the arbitration awards ended up in the courts at the insistence of the dissatisfied party. As a result many cases took as long to settle as lawsuits. The present law is certainly an improvement in these respects but only up to a point as will be explained later. Features of the Law Kuwaiti law regards arbitration as an exceptional method of litigation. Art. 173 of the Code lays down the general rule that arbitration may take place only in respect of issues which permit reconciliation and where the parties have legal capacity of dis- position of the right which is the subject matter of the dispute. Parties may agree to arbitration on a specific dispute and on all disputes http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Arbitration Under Kuwaiti Law

Huneidi, Isa A.
Arab Law Quarterly , Volume 4 (1): 20 – Jan 1, 1989
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Publisher
Brill
Copyright
© 1989 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/157302589X00037
Publisher site
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Abstract

ARBITRATION UNDER KUWAITI LAW Isa A Huneidi* Introduction The present law governing arbitration in Kuwait came into effect in 1980 with the declared aim of simplifying its procedure, clarifying certain provisions, and settling a number of issues on which legal opinions differed. The new legislation which is embodied in the Kuwaiti Civil and Commercial Procedure Code of 1980 came none too soon. Under the old law procedure itself was not the problem; the real problem was that most of the arbitration awards ended up in the courts at the insistence of the dissatisfied party. As a result many cases took as long to settle as lawsuits. The present law is certainly an improvement in these respects but only up to a point as will be explained later. Features of the Law Kuwaiti law regards arbitration as an exceptional method of litigation. Art. 173 of the Code lays down the general rule that arbitration may take place only in respect of issues which permit reconciliation and where the parties have legal capacity of dis- position of the right which is the subject matter of the dispute. Parties may agree to arbitration on a specific dispute and on all disputes

Journal

Arab Law Quarterly – Brill

Published: Jan 1, 1989

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