Arbitration in Kuwait is governed by two different arbitration systems:

The first is regulated under Articles (173-188) (Chapter Twelve) of the Civil and Commercial Procedure Law No. (38) of 1980. This system is referred to as the "voluntary arbitration" since it requires of a written arbitration agreement between the parties of a dispute who agree to refer their dispute to arbitration under these rules. 

The second is the Judicial arbitration by the Ministry of Justice, which is governed by the Judicial Arbitration Law No (11) for the year 1995. Under this system arbitration procedures are conducted under the authority of one or or more of arbitration tribunals consisting of two arbitrators appointed by the parties, and three judges from the Court of Appeals appointed by the Supreme Judiciary Council. This system applies when parties agree to refer their disputes under the Arbitration Law No (11). However, it is manly designed for disputes which involves the state when it trades in a commercial capacity, it also applies, in particular, between government, ministries or other government bodies and companies that are fully owned by the government, or between these companies, or between individuals or private legal entities and government ministries and other public bodies, and generally between any parties that agree to its arbitration.

 

 

NEW YORK CONVENTION, 1958

Date of accession: 28 April 1978.
Entry into force for: 27 July 1978.

Declarations:
"The State of Kuwait will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State.
"It is understood that the accession of the State of Kuwait to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, on the 10th of June 1958, does not mean in any way recognition of Israel or entering with it into relations governed by the Convention thereto acceded by the State of Kuwait."