KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
• Commercial mediation centres – there are established commercial mediation centres that facilitate mediation in commercial and business-related disputes. 12.2 ADR Within the Legal System In Kuwait, ADR methods are becoming more integrated into the legal system, but sanctions for unreasonably refusing ADR, like mediation, are uncommon. ADR participation is gener- ally voluntary, and parties can choose between ADR and formal litigation. Key ADR methods in Kuwait include the following. • Court-connected mediation – courts offer mediation for cases such as family disputes, encouraging but not mandating participation. • Reconciliation committees – these encourage voluntary participation in reconciliation efforts for family disputes. • Commercial mediation centres – these cen- tres promote mediation as an alternative to litigation in commercial and business dis- putes. • Binding arbitration – some commercial contracts make arbitration a mandatory part of dispute resolution based on the parties’ agreement. The ADR legislative framework includes laws and regulations such as: • Kuwaiti Arbitration Law (Law No 11 of 1995) – governs arbitration proceedings, especially in commercial and business disputes; • Kuwaiti Civil Procedure Law – establishes general litigation rules and provides a frame- work for court-connected mediation and other ADR programmes; • Kuwaiti Family Law (Law No 51 of 1984) – contains provisions for resolving family
disputes, particularly marital disputes, child custody and divorce; and • Ministerial decrees and regulations – specific ministerial decrees and regulations may gov- ern the implementation of ADR programmes, issued by the Ministry of Justice or relevant authorities. 12.3 ADR Institutions ADR institutions, such as mediation and arbitra- tion, are relatively well organised in Kuwait. While Kuwait’s legal landscape evolves, a number of organisations and centres work to promote ADR, including the following. • Commercial mediation centres – these cen- tres are typically well organised and equipped to provide ADR services to commercial dis- pute parties. • The Kuwait Chamber of Commerce and Industry (KCCI) is a powerful organisation in Kuwait. It helps to promote ADR, particu- larly in commercial disputes. The KCCI may provide mediation and dispute resolution services. • Ministry of Justice – in Kuwait, the Ministry of Justice works to promote and encourage alternative dispute resolution methods within the legal system. • Reconciliation Committees – such commit- tees are used in order to facilitate reconcili- ation between parties in family and personal matters. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Kuwait is a signatory to international conven- tions related to the recognition and enforcement of arbitral awards, such as the New York Con-
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