Kuwait
2
Kuwait
July 2008 Arbitration in the Middle East Norton Rose Group
middle east
Key points
The Commercial Arbitration Centre of the Kuwait Chamber of Commerce and Industry was set up in 2000.The Kuwaiti Parliament has ratified many bilateral investmenttreaties drawn up between countries in the Middle East andothers worldwide; these treaties provide for the settlementthrough arbitration of disputes arising under them.Kuwaiti laws governing arbitration apply only to procedures for domestic arbitration and to the enforcement of foreign awards.The detail around enforcement of foreign awards is set outin the Code of Civil and Commercial Procedure (CCCP).Under the Kuwaiti arbitration system, parties may themselvesdetermine the applicable rules in arbitration proceedings.Kuwait is a signatory of the New York Convention. Only awards madein another signatory state are enforceable in Kuwait. For awardsmade in other states, reciprocity is required.
Confidentiality
There is no statutory provision for confidentiality, although the Judicial Arbitration Law prohibits the publication of an arbitralaward, or part thereof, unless all parties agree.
Norton Rose Group Arbitration in the Middle East July 2008
Kuwait
3
kuwait
Model arbitration clause
Any dispute whatsoever which may arise out of this contract,its execution or its cancellation is to be referred to arbitrationin accordance with the conditions stipulated in the Reconciliationand Arbitration System of the Kuwait Chamber of Commerceand Industry.
Commercial Arbitration Centre of the Kuwait Chamber of Commerceand Industry (KCAC)See the Arbitration section for best practice in drafting arbitrationclauses.
Weblink
www.kcci.org.kwKuwait Chamber of Commerce and Industry(with a link to the Commercial Arbitration Centre, in Arabic)
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Laws of Arbitration in Kuwait
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