Enforcing Foreign Judgments and Arbitral Awards in Kuwait

Kuwaiti law permits two contracting parties to select a foreign jurisdiction to govern the terms of their agreement, as well as to hear any disputes that may arise over the agreement. While the law permits courts in Kuwait to issue an order for the execution of judgments rendered in a foreign jurisdiction under limited circumstances, the Kuwaiti courts are generally not in the practice of enforcing foreign judgments. The courts do, however, grant issuances to execute foreign arbitral awards.

Article 199 of Law No. 38 of 1990, or the Civil and Commercial Procedures Law ("CCPL"), provides that foreign judgments will only be executed in Kuwait if the foreign law in question is reciprocal in recognising and enforcing Kuwaiti judgments, whether by treaty or precedent, and only in accordance with the same conditions as provided for in the laws of the foreign country for the execution of judgments made in Kuwait.