{"id":119956,"date":"2025-11-12T14:26:28","date_gmt":"2025-11-12T14:26:28","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119956"},"modified":"2025-11-17T11:52:09","modified_gmt":"2025-11-17T11:52:09","slug":"kuwait-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/kuwait-international-arbitration\/","title":{"rendered":"Kuwait: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119956","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-kuwait"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Miras Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/05\/miras.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Miras Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/05\/miras.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Kuwait<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait does not have a single, unified arbitration law. Instead, its arbitration framework is governed by a matrix of legislative instruments, most notably Chapter 12 (Articles 173\u2013188) of the Civil and Commercial Procedure Law, which constitutes the general law on arbitration, and Law No. 11 of 1995 concerning Judicial Arbitration in Civil and Commercial Matters (as amended). In addition, certain sector-specific laws and international treaties may apply depending on the nature of the dispute.<\/p>\n<p>As a matter of principle, most arbitration provisions in Kuwait are non-mandatory, allowing parties to agree otherwise. However, several provisions are of a mandatory nature, including the requirement that arbitration agreements be in writing, that arbitral tribunals consist of an odd number of arbitrators, and that disputes involving public policy, criminal law, personal status, or administrative decisions are inarbitrable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which was incorporated into domestic law by Decree Law No. 10 of 1978 and entered into force the same year. The Convention forms part of Kuwaiti domestic law and is binding on national courts (Court of Cassation, Cassation No. 500\/2013, hearing date 9 July 2014). Kuwait acceded to the Convention with a reciprocity reservation, limiting its application to awards rendered in other contracting states that recognise, enforce, and give full faith and credit to arbitral awards rendered in Kuwait.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait is a party to a wide range of arbitration-related treaties and conventions. It has concluded ninety-three bilateral investment treaties (BITs), of which seventy are in force, sixteen have been signed but are not yet in force, and seven have been terminated. The treaties currently in force include those with Albania, Algeria, Argentina, Austria, Bahrain, Belgium\u2013Luxembourg Economic Union, China, France, Germany, Italy, Japan, Jordan, Lebanon, the Netherlands, Oman, Qatar, Saudi Arabia, the United Arab Emirates, the United Kingdom, and the United States of America, among others. (UNCTAD Investment Policy Hub, \u201cKuwait: International Investment Agreements\u201d, available at: https:\/\/investmentpolicy.unctad.org\/international-investment-agreements\/countries\/64\/kuwait, last visited 29 October 2025.)<\/p>\n<p>In addition, Kuwait has entered into several bilateral treaties on judicial cooperation, including with Bahrain, Jordan, Oman, Saudi Arabia, and the United Arab Emirates, further reinforcing its commitment to regional and international enforcement of arbitral awards. Kuwait also is party to the Riyadh Arab Agreement for Judicial Cooperation of 1983. The Agreement, signed by 18 Arab States, establishes a framework for the mutual recognition and enforcement of court judgments and arbitral awards among its members.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait does not currently have a comprehensive arbitration law aligned with the UNCITRAL Model Law. The legislative framework governing arbitration in Kuwait diverges significantly from the Model Law in both structure and substance. The main differences include the absence of a distinct procedural code for arbitration, limited party autonomy in certain procedural matters, differing provisions concerning interim measures and the competence-competence principle, and a greater degree of judicial involvement in arbitral proceedings. However, the Kuwaiti government has announced its intention to enact a new arbitration law inspired by the UNCITRAL Model Law, as part of a broader legislative reform initiative aimed at modernising the judicial system and strengthening alternative dispute resolution mechanisms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The leading arbitral institution in Kuwait is the Kuwait Commercial Arbitration Centre (\u201cKCAC\u201d), established in 1999 under the auspices of the Kuwait Chamber of Commerce and Industry. The KCAC Arbitration Rules provide a comprehensive procedural framework for the conduct of arbitral proceedings. Where the KCAC Rules are silent on specific matters, the UNCITRAL Arbitration Rules apply by default pursuant to Article 7, thereby aligning KCAC proceedings with internationally recognised standards and enhancing their overall flexibility and efficiency. The Kuwait Bar Association Arbitration Centre (\u201cKBAAC\u201d) is another prominent institution in Kuwait\u2019s arbitration landscape, offering specialised dispute resolution services. Additionally, the Centre for Mediation and Arbitration of the Kuwait Society of Engineers is considered one of Kuwait\u2019s more specialised and respected arbitral bodies, with detailed rules modelled closely on those of leading international institutions.<\/p>\n<p>There is no publicly available information indicating that either the KCAC or the KBAAC is considering further amendments to their respective arbitration rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait maintains a specialist arbitration tribunal established under Judicial Arbitration Law No. 11 of 1995 (the \u201cJAL Tribunal\u201d). The JAL Tribunal is seated at the Kuwait Court of Appeal and comprises three judges appointed by the State and two arbitrators appointed by the parties. It has jurisdiction over arbitration disputes: (i) referred by party agreement, including ad hoc arbitrations where the parties have not excluded the application of the JAL provisions; (ii) between ministries or state-owned entities; and (iii) brought by private parties against public bodies, provided that the matter has not already been submitted to the courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitration agreements in Kuwait are primarily governed by Article 173 of the Civil and Commercial Procedure Law. To be valid, such agreements must be in writing, concluded between parties with legal capacity, and must clearly specify the subject matter of the dispute.<\/p>\n<p>Importantly, and unlike in many other jurisdictions, Kuwaiti law adopts a strict approach to corporate authority in arbitration agreements. Arbitration clauses executed by managers, corporate officers, or shareholders who lack explicit authorisation in the company\u2019s articles of association, or who have not obtained the required approval from the general assembly, are deemed invalid. The Kuwait Court of Cassation has consistently upheld this principle, emphasising that proper corporate authorisation is a prerequisite for the validity of arbitration clauses, and declaring unauthorised clauses invalid (Court of Cassation, Cassations No. 1289\/2022, 1687\/2019, 3190\/2020, 2240\/2022, 2628\/2022, 598\/2023).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Kuwaiti law, arbitration clauses are not treated as separable from the main contract. An arbitration agreement is automatically void and unenforceable if the underlying contract is void (Court of Cassation, Cassations No. 274\/1998, hearing date 5 December 1998; and 1296\/2006, hearing date 9 March 2008).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Kuwaiti courts do not apply the validation principle adopted in some other jurisdictions. Instead, the validity of an arbitration agreement is assessed under the law governing the underlying contract, and the agreement will be upheld only if it is valid under that governing law (Court of Cassation, Cassation No. 500\/2013, hearing date 9 July 2014).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Neither Kuwaiti law nor the Kuwait Court of Cassation have expressly addressed asymmetric arbitration clauses, and their validity enforceability under Kuwaiti law remains uncertain, as no judicial precedent has yet clarified their status.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Kuwait, non-signatories or third parties are generally not bound by an arbitration agreement unless they have expressly consented thereto. There are no reported court decisions addressing the extension of arbitration clauses to non-signatories.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwaiti law does not expressly address the choice of law applicable to an arbitration agreement where the parties have not specified one. However, the Kuwait Court of Cassation has clarified that, in the absence of an express choice, the arbitration agreement is governed by the same law applicable to the underlying contract in which it is contained (Court of Cassation, Cassation No. 500\/2013, hearing date 9 July 2014). Accordingly, unless the parties expressly provide otherwise, Kuwaiti courts will apply the substantive law governing the main contract to determine issues relating to the validity and interpretation of the arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Kuwait, the law applicable to the substance of a dispute is determined under Kuwait Private International Law No. 5 of 1961 (\u201cKPIL\u201d), which regulates legal relationships with a foreign element. Article 59 of the KPIL enshrines the principle of party autonomy, allowing parties to freely choose the substantive law governing their contractual relationship. Kuwaiti courts generally uphold this autonomy in arbitration agreements, provided that the chosen law does not contravene public policy or mandatory provisions of Kuwaiti law. In the absence of a choice of law, the applicable law is determined by reference to the parties\u2019 common domicile; where the parties have different domiciles, the law of the place where the contract was concluded applies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Kuwaiti law, Article 174 of the Civil and Commercial Procedure Law prescribes specific eligibility criteria for arbitrators. An arbitrator must possess full civil capacity and may not be a minor, a person deprived of civil rights as a result of a criminal conviction, or an undischarged bankrupt unless rehabilitated. Where an arbitral tribunal consists of multiple members, the number of arbitrators must be odd.<\/p>\n<p>Parties must also comply with any additional requirements set out in the applicable institutional arbitration rules. For instance, under the KCAC Rules, a mediator who has previously acted between the same parties in the same dispute is prohibited from serving as an arbitrator, as this would render any ensuing award void. Certain procedural or formal requirements, however, may be waived by the parties either expressly or implicitly, depending on the circumstances and the governing arbitration rules.<\/p>\n<p>Sitting judges may also serve as arbitrators, but only with the prior approval of the Supreme Judicial Council. The legal consequences of failing to obtain such approval remain unsettled under Kuwaiti law. By analogy, however, in Egypt, where a comparable requirement exists, judicial precedent has clarified that the absence of such approval does not affect the constitution of the tribunal or the validity of the arbitrator\u2019s appointment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The role of the courts in the selection of arbitrators in Kuwait varies depending on the type of arbitration and the procedural framework agreed by the parties. In institutional arbitration, the rules of the chosen institution govern the appointment process, and courts generally have little to no involvement. In judicial arbitration conducted under the Judicial Arbitration Law, each party is required to appoint one arbitrator. If a party fails to do so within ten days of notification, the Arbitration Department of the Court of Appeal will make the appointment. In ad hoc arbitration, where the parties have not agreed on procedural rules, and explicitly excluded the application of the Judicial Arbitration Law, courts may intervene under Article 175 of the Civil and Commercial Procedure Law to appoint arbitrators if the parties fail to do so.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 178 of the Civil and Commercial Procedure Law, a challenge to an arbitrator is permitted. The grounds for challenging an arbitrator mirror those for the recusal of judges under Articles 102 and 104 of the Civil and Commercial Procedure Law, including family relationships up to the fourth degree, existing disputes with a party, personal or financial interests in the case, or prior involvement as counsel, expert, or witness.<\/p>\n<p>The procedure for challenging an arbitrator depends on the type of arbitration. In ad hoc arbitration, the challenge must be submitted to the competent court within five days of notification of the appointment or from the occurrence or discovery of the cause for challenge. The Court of Cassation strictly enforces the five-day deadline for initiating a challenge before the competent court; failure to commence the procedure within this period results in the automatic dismissal of the challenge (Court of Cassation, Cassation No. 1889\/2022, hearing date 24 January 2024).<\/p>\n<p>In institutional arbitration, however, the applicable institutional rules govern the process, and the competent body within the institution has exclusive jurisdiction to decide on the challenge (Court of Cassation, Cassation No. 671\/2004, hearing date 23 November 2005). Finally, in judicial arbitration, any challenge to an arbitrator must be submitted directly to the Court of Cassation.<\/p>\n<p>In practice, this framework requires parties to act promptly when challenging arbitrators, particularly in ad hoc proceedings, while in institutional arbitration, parties must carefully review the rules of the relevant institution to ensure compliance with procedural requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there have not been any recent developments concerning the duty of independence and impartiality of arbitrators, including the duty of disclosure. The existing legal framework continues to govern these obligations, and parties retain the right to challenge arbitrators on grounds of lack of independence or impartiality in accordance with the applicable procedures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Kuwaiti law does not grant arbitrators blanket immunity. Arbitrators are subject to the general rules of liability. Article 178 of the Civil and Commercial Procedure Law expressly provides that if an arbitrator withdraws without a valid reason after accepting their appointment, they may be required to pay compensation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The principle of competence-competence allows an arbitral tribunal to rule on its own jurisdiction, including challenges to the existence, scope, or validity of the arbitration agreement. In Kuwait, unlike other regional arbitration laws and the Judicial Arbitration Law, the Civil and Commercial Procedure Law does not permit a tribunal to decide its own jurisdiction when the validity of an arbitration clause is disputed (Court of Cassation, Cassation No. 2569\/2023, hearing date 26 December 2023). The Court of Cassation has further clarified that where a tribunal\u2019s jurisdiction over certain claims is disputed, the tribunal must suspend the arbitration proceedings pending a final determination by the competent court regarding the claims for which its jurisdiction is contested (Court of Cassation, Cassation No. 1123\/2007, hearing date 14 June 2009).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 173 of the Civil and Commercial Procedure Law, Kuwaiti courts lack jurisdiction over disputes that the parties have agreed to arbitrate, provided the arbitration agreement is valid and clam concerns arbitrable matters. Nevertheless, where a party initiates court proceedings despite an arbitration agreement, the defendant must raise the arbitration plea before submitting any substantive defence, as the court cannot do so on its own initiative. Failure to raise the plea in a timely manner, or after addressing the merits, constitutes a waiver and allows the court to assume jurisdiction (Court of Cassation, Cassation No. 962\/2006, hearing date 6 January 2008). Kuwaiti courts have consistently upheld this principle, dismissing actions brought in breach of valid arbitration agreements (Court of Cassation, Cassation No. 2096\/2021, hearing date 28 May 2024).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 179 of the Civil and Commercial Procedure Law, if a respondent fails to participate after being duly notified, the arbitral tribunal may proceed in absentia. Kuwaiti courts cannot compel participation but will generally recognise and enforce an award rendered in absentia, provided that due process was observed. The tribunal must be satisfied that the absent party was properly notified, that it failed to appear or participate despite such notice, and that the claimant substantiated its claims with sufficient evidence. This approach is mirrored in Kuwait\u2019s institutional arbitration rules, including Article 24 of the Rules of Arbitration of the Kuwait Bar Association, Article 27(6) of the Rules of Arbitration of the Kuwait Society of Engineers, and Article 32 of the Rules of the Kuwait Centre for Commercial Arbitration, all of which permit proceedings to continue where a duly notified party fails to appear without reasonable excuse.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwaiti law does not expressly regulate the intervention or joinder of third parties in arbitration proceedings, and there are no known court precedents on this issue. However, since an arbitral tribunal\u2019s authority derives solely from the parties\u2019 consent and the arbitration agreement, any extension of jurisdiction to non-signatories requires the parties\u2019 mutual agreement.<\/p>\n<p>If all parties agree to the intervention, the tribunal is bound by that agreement. Conversely, if unanimity is not achieved, the tribunal has no power to compel or permit a third party to join, as its jurisdiction is strictly limited to the parties and the subject matter defined in the arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 173 of the Civil and Commercial Procedure Law, the authority to grant interim measures lies primarily with the local courts. An arbitral tribunal has no inherent power to order such measures unless the parties expressly confer that authority in their agreement. The courts have general jurisdiction to issue interim or conservatory relief both pending the constitution of the tribunal and even after it is duly constituted. It should be noted, however, that there are no reported Kuwaiti court decisions addressing anti-suit or anti-arbitration injunctions, and it remains uncertain whether such relief would be recognised or enforceable under Kuwaiti law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwaiti law does not contain specific provisions governing evidentiary matters in arbitration, and the Law of Evidence (Law No. 39 of 1980) therefore applies by default. Certain powers relating to evidence, however, remain within the exclusive jurisdiction of the Kuwaiti courts. For instance, arbitral tribunals cannot compel the attendance of witnesses or the production of documents from third parties over whom they lack jurisdiction. In such cases, the tribunal may request judicial assistance to obtain evidence, particularly where coercive measures or third-party cooperation are required. Furthermore, under Article 180 of the Civil and Commercial Procedure Law, if allegations of forgery arise, arbitral proceedings must be suspended until a final judicial determination is rendered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait does not have a specific code of ethics for arbitration, but professional standards apply to both counsel and arbitrators.<\/p>\n<p>Counsel admitted to practise in Kuwait are bound by Law No. 42 of 1964 and the Kuwait Bar Association Code of Conduct, which impose duties of integrity, confidentiality, and avoidance of conflicts of interest, extending to arbitration proceedings. Foreign counsel, while not subject to local disciplinary rules, are expected to comply with the ethical standards of their home jurisdictions and with general principles of fairness and good faith.<\/p>\n<p>Arbitrators, also, must act impartially and independently under the Civil and Commercial Procedure Law and the Judicial Arbitration Law. Institutional rules, including those of the Kuwait Centre for Commercial Arbitration, reinforce these duties by requiring disclosure of any circumstances that could give rise to doubts as to independence or impartiality. These ethical standards apply to all counsel and arbitrators in Kuwaiti-seated arbitrations, regardless of nationality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwaiti law does not specifically regulate the confidentiality of arbitration proceedings; however, confidentiality is generally regarded as a fundamental feature of arbitration. Under the Rules of the Kuwait Centre for Commercial Arbitration, parties and arbitrators must maintain the confidentiality of documents, evidence, and proceedings, unless disclosure is required by law or agreed by the parties. In practice, arbitral tribunals seated in Kuwait generally treat proceedings and related documents as confidential.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Kuwait, courts and tribunals do not frequently apply the IBA Guidelines on Conflicts of Interest or other similar soft law sources as a matter of law. However, there is a growing tendency for arbitral tribunals to take such guidelines into account when assessing issues of arbitrator independence and impartiality, particularly in complex or international cases. Similarly, tribunals may refer to other soft law instruments, such as the UNCITRAL Rules, as persuasive guidance, though their application is not mandatory and depends on the parties\u2019 agreement or the institutional rules governing the arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included on the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The allocation of arbitration costs under Kuwaiti law is generally guided by Articles 119 and 120 of the Civil and Commercial Procedure Law, which grant courts broad discretion to determine and allocate costs, including legal fees, and to decide whether each party bears its own costs or one party bears all (Court of Cassation, Cassation No. 244\/1985, hearing date 2 July 1985). In arbitration, tribunals typically adopt a similar approach, exercising comparable discretion, usually after considering the parties\u2019 agreement, applicable institutional rules, and the outcome of the dispute. Pre- and post-award interest may also be awarded on the principal claim and on costs, depending on the law governing the merits and the terms of the arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no specific provision under the Civil and Commercial Procedure Law or the arbitration laws governing applications for security for costs. In practice, such applications are uncommon, and parties rarely request them in Kuwaiti-seated arbitrations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The recognition and enforcement of arbitral awards in Kuwait are governed by Articles 199 and 200 of the Civil and Commercial Procedure Law and the 1958 New York Convention, to which Kuwait acceded by Decree-Law No. 10 of 1978, subject to a reciprocity reservation limiting its application to awards rendered in other contracting states. Articles 199 and 200 require that (i) the dispute be arbitrable, (ii) the parties duly summoned and represented, (ii) the award final and enforceable at the seat, and (iv) that enforcement not contravene Kuwaiti public policy or morality or conflict with a prior Kuwaiti judgment. These provisions broadly align with Article V of the New York Convention, which allows refusal of enforcement on additional grounds, including invalidity of the arbitration agreement, procedural irregularities, excess of mandate, irregularities in the tribunal\u2019s composition, or annulment or suspension of the award by a competent authority at the seat.<\/p>\n<p>Established case law confirms that once the applicant submits the required documentation, a legal presumption arises in favour of the award\u2019s validity and the regularity of the arbitral procedures, shifting the burden to the opposing party to rebut it. Kuwaiti courts consistently emphasise that judicial review is limited to these formal requirements and does not extend to the merits of the dispute or allow appellate review of the arbitral award (Court of Cassation, Cassation No. 2742\/2021, hearing date 21 January 2025; Cassation No. 5144\/2022, hearing date 24 December 2024). While reasoning is not expressly required, enforcement may be refused if its absence prevents the court from verifying compliance with due process or public policy, thereby safeguarding the integrity of the arbitral process and the parties\u2019 rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The timeframe for the recognition and enforcement of arbitral awards, whether domestic or foreign, generally ranges from three to twelve months, depending on the award\u2019s complexity, the completeness of the documentation, and any objections the losing party may raise to delay or prevent exequatur.<\/p>\n<p>Enforcement of domestic arbitral awards is sought through an ex parte application before the President of the Court of First Instance. While this procedural route is theoretically available for foreign arbitral awards as well, in practice, foreign awards are more commonly enforced through the filing of a new action, which generally results in a longer process.<\/p>\n<p>The scope and standard of judicial review is largely the same for both domestic and foreign awards. Kuwaiti courts confine their review to procedural and formal requirements, including arbitrability, proper notice, representation, finality of the award, consistency with prior judgments, and compliance with public policy. The merits of the dispute are not re-examined.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitral awards in Kuwait cannot be appealed on the merits but may be challenged through an annulment action before the local courts on limited grounds set out in Article 186 of the Civil and Commercial Procedure Law. These grounds include the absence of a valid arbitration agreement, improper constitution of the tribunal, violation of due process, excess of authority, or conflict with public policy. Article 186 further provides that an award may be set aside if any of the retrial grounds set out in Article 148 of the same Code are established, namely fraud, reliance on falsified documents or perjured testimony, discovery of decisive new evidence, internal contradiction in the award\u2019s reasoning, or lack of proper representation of a party.<\/p>\n<p>The annulment action must be filed within thirty days from the date the award is served on the losing party. The parties may expressly waive their right to challenge an award; however, under Article 186 of the Civil and Commercial Procedure Law, such a waiver is valid only if made after the award has been rendered and does not preclude annulment on public policy grounds.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitral awards bind only the parties to the arbitration proceedings or those named in the award. Third parties who were not parties to the arbitration, or have not been named in the award, are not ordinarily bound. While there are no reported cases of third-party challenges to arbitral awards in Kuwait, such challenges may be technically possible if the award directly and adversely affects their legal rights.<\/p>\n<p>This interpretation is supported by Article 186 of the Civil and Commercial Procedure Law, which allows annulment proceedings to be brought by any person having an interest, not only by the parties to the arbitration. Article 158 of the same law also permits persons against whom a court judgment is binding, without their participation, to object if they can prove fraud, collusion, or gross negligence by those who purportedly represented their interests. This general \u201ctierce opposition\u201d mechanism could, in principle, extend to arbitral awards.<\/p>\n<p>A third party may also oppose the recognition or enforcement of an award if its execution would prejudice its rights. Grounds for refusal include violation of public policy, lack of due process, or excess of jurisdiction. Kuwaiti courts, applying the New York Convention, retain discretion to deny enforcement where the award affects a third party\u2019s legal interests without proper notice or opportunity to be heard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait does not have any legislation or regulations specifically addressing third-party funding (TPF) in arbitration. There are no reported court decisions on this issue. As a result, while TPF is not expressly prohibited, it remains largely unregulated, and its permissibility would depend on the agreement of the parties and the discretion of the arbitral tribunal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Neither the Civil and Commercial Procedure Law nor the rules of the major arbitration institutions in Kuwait provide for emergency arbitrator relief. However, any decisions made by an emergency arbitrator would be subject to the ordinary procedures for the recognition and enforcement of arbitral awards, similar to interim awards under the relevant provisions of the Civil and Commercial Procedure Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait\u2019s arbitration laws do not provide for a formal expedited procedure for low-value claims. However, the Civil and Commercial Procedure Law sets a default arbitration duration of six months, which is also reflected in the rules of local arbitration institutions. The tribunal may only extend this period with the parties\u2019 mutual agreement. In practice, this means that arbitration proceedings in Kuwait are generally completed within six months, making them effectively expedited by default. This contrasts with other jurisdictions where default durations are longer, and extensions are more freely granted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no reported decisions by Kuwaiti courts addressing the setting aside of an arbitral award that has been enforced in another jurisdiction, or vice versa. Kuwait is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Pursuant to Article V(1)(e) of the Convention and Article 199(a) of the Civil and Commercial Procedure Law, the application of which extends to arbitral awards pursuant to Article 200 of the same law, enforcement must be refused if the award has not become final or has been annulled or suspended by a competent authority in the seat of arbitration. Conversely, there are no known precedents in which an arbitral award set aside in Kuwait has subsequently been enforced in another jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no reported arbitration cases in Kuwait where corruption was a primary issue. Corruption is treated as a matter of public policy, so any arbitral award affected by corruption would likely be annulled or refused enforcement under Kuwaiti law and the New York Convention. Tribunals seated in Kuwait generally follow international practice, requiring clear and convincing evidence. The burden of proof rests on the party alleging corruption, although tribunals may require the other party to rebut credible evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country with respect to intra-European investor-State arbitration generally or enforcement of awards stemming from proceedings of this nature? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no reported decisions of Kuwaiti courts specifically addressing intraEuropean investorState arbitration or enforcement of awards from such proceedings. As Kuwait is not an EU member, EU case law does not apply. In a recent ICSID arbitration (Kiwan v Kuwait, ARB\/20\/53, 10 March 2025), the tribunal found a denial of justice and awarded monetary damages to the claimant. There are no publicly known pending Kuwaiti court decisions relating to enforcement of awards from intraEuropean investorState arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitral institutions in Kuwait, including the Kuwait Commercial Arbitration Centre, do not explicitly provide for virtual hearings in their rules. However, it is customary practice for tribunals to agree with the parties, usually at the first procedural hearing, to hold hearings virtually. This reflects a broader trend towards technologyenabled and costeffective arbitration, allowing proceedings to proceed efficiently while accommodating parties\u2019 schedules and logistics.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait has not yet seen court decisions addressing ESG issues such as climate change, sustainability, social responsibility, or human rights. However, recent regulatory changes signal growing importance. For instance, since February 2025, companies listed on Boursa Kuwait\u2019s Premier Market are required to provide mandatory ESG disclosures, supporting transparency, sustainable investment, and good corporate governance. Kuwait has also pledged carbon neutrality by 2060 and issued ESG reporting guides aligned with global standards such as GRI.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait has recently strengthened its sanctions framework. Under the amended AntiMoney Laundering and Combating the Financing of Terrorism Law (DecreeLaw\u202fNo\u202f76 of\u202f2025), the Cabinet of Ministers can implement United Nations Security Council sanctions domestically, including listing entities for assetfreezing and imposing penalties for noncompliance. In July 2025, Kuwait imposed sanctions on certain terrorist organisations, instructing local institutions to cease cooperation with those listed.<\/p>\n<p>To date, Kuwaiti courts have not issued any reported decisions specifically addressing the impact of sanctions on international arbitration proceedings or awards.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented any rules or regulations regarding the use of artificial intelligence, generative artificial intelligence or large language models in the context of international arbitration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Kuwait has not yet adopted specific rules governing the use of artificial intelligence, including generative AI or large language models, in arbitration. However, the government has announced a national AI strategy for 2025\u20132028 aimed at promoting responsible and innovative AI use across sectors. While these developments signal growing awareness of AI\u2019s potential, no Kuwaiti arbitral institution has yet issued guidance or procedural reforms on its use in arbitration. In practice, any use of AI tools remains governed by general laws on data protection, cybersecurity, and electronic transactions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5892<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119956","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119956"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}