Enforcement of Foreign Arbitral Awards in Kuwait
Rashid Hamad Al Anezi
ABSTRACT
Arbitration is a judicial act of a special nature wherein the arbitrator obtains his authority from the agreement of the parties. The benefits of such an alternative means of dispute settlement usually include cost savings, increased efficiency compared to court hearings, more control over the proceedings, and some degree of confidentiality with respect to pleadings and the award. Arbitration, whether local or foreign, is regulated in Kuwait by the Civil and Commercial Pleadings Law No. 38 of 1980. Under the Pleadings Law and the 1958 New York Convention, to which Kuwait is a party, a foreign arbitral award is enforced in Kuwait provided that certain conditions are met.The Pleadings Law follows an ‘observation’ approach rather than a ‘revision’ approach, which means that a Kuwaiti judge will not act like an appeals court judge but rather as an ‘observer of conformity’ of the award with Kuwaiti law and the New York Convention.