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Kuwait has enacted Decree-Law No. 120 of 2026 (New Law), replacing its fragmented arbitration framework and adopting various established international arbitration practices. From 18 November 2026, the New Law will apply to Kuwait-seated arbitrations and foreign arbitrations where the parties agree to its application. It will not apply to arbitrations pending on that date.

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.

Kuwait's new Decree-Law No. 88 of 2026 establishes a specialized three-tier economic court system to handle commercial disputes with enhanced speed and expertise. The legislation introduces mandatory pre-litigation mediation, electronic proceedings, and dedicated enforcement mechanisms while significantly expanding jurisdiction over 17 categories of economic disputes including banking, competition law, and merger control.

Kuwait is introducing significant changes to commercial dispute resolution through Decree-Law No. 120 of 2026, establishing a comprehensive arbitration framework that governs arbitration agreements, arbitrator appointments, emergency relief mechanisms, and award challenges. The new legislation consolidates Kuwait's arbitration rules and introduces modern provisions including electronic proceedings, emergency arbitrators, and specific requirements for State entity contracts, with practical implications for b

On 10 March 2025, the International Centre for Settlement of Investment Disputes ("ICSID") issued its Final Award in the arbitration between French-Syrian media entrepreneur Bachar Kiwan and the State of Kuwait.