KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
• Formal requirements verification – the court will ensure that the arbitration award meets all formal requirements. • Notification of the opposing party – the court will notify the other party (the respondent). • Enforcement challenges – if the respondent wishes to challenge the enforcement, they must submit a written objection outlining their reasons for doing so. • Examination and decision – the court will then consider the respondent’s objections and make a decision on enforcement. • Enforcement order – when an enforcement order is issued, the successful party can pro- ceed to enforce the award by seizing assets or bank accounts to satisfy the award. Enforcing Foreign Arbitration Awards The fact that Kuwait is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards makes it easier to recognise and enforce foreign arbitra- tion awards. • Request for recognition and enforcement – in order to enforce a foreign arbitration award (one rendered outside of Kuwait), the party seeking enforcement must file a request for recognition and enforcement with the Kuwaiti court, usually the Court of First Instance. This request must be accompanied by the follow- ing documents: (a) the foreign arbitration award (translated into Arabic); (b) the parties’ agreement on arbitration; (c) documents confirming the party request- ing recognition’s legal capacity; and (d) a certificate attesting to the genuineness of the award. • Notification of the respondent – as with domestic awards, the court will notify the party (the respondent) against whom the
award is being enforced. Within a certain timeframe, the respondent may challenge the enforcement. • Objections examined – if the respondent raises objections to the enforcement, the court will consider them and issue a decision. • Decision on recognition and enforcement – once satisfied, the court will issue a decision recognising and enforcing the foreign arbitra- tion award. This decision confirms that the award can be enforced in Kuwait. • Enforcement actions – the successful party can then take enforcement action to collect the awarded amount. This could include asset seizures, garnishing bank accounts, or other legal measures in Kuwait. 14. Outlook 14.1 Proposals for Dispute Resolution Reform Kuwait has been slower than some of its Gulf neighbours in embracing arbitration as a com- mon method for dispute resolution. Certain government entities in Kuwait still require local court litigation exclusively in their contracts, lim- iting the use of arbitration. This has led to calls for legislative reform to improve the arbitration landscape. Unlike some Gulf nations that have adopted arbitration laws based on the UNCI- TRAL Model Law, Kuwait currently relies on two distinct laws – the Judicial Arbitration in Civil and Commercial Matter Law, Law No 11 of 1995 as amended by Law No 12 of 2013, and the Pro- cedures Law – neither of which align effectively with modern arbitration practices. However, Kuwait has some positive aspects, as it is a signatory to the New York Convention, allowing for the enforcement of foreign arbi- tral awards within Kuwait and vice versa. Local
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