Arbitral Awards - Basic Rules and Provisions (English/Arabic)

Please click on the Arabic PDF icon to download the Arabic version of this document.

Overview

  • Kuwait's legal system is influenced by the Egyptian laws, which are based on the Civil Law system. Therefore, discovery of documents is not recognized.

  • Unless the parties agree on specific proceedings, arbitrators are generally influenced by and apply the CCCP evidence rules governing proceedings before Kuwaiti courts pursuant to Kuwait Decree-Law No. 38/1980 Promulgating the Code of Commercial and Civil Procedures.

  • Any person (including a foreign individual) may act as an arbitrator. Arbitrators who are not domiciled in Kuwait do not require special work permits since they are not considered as employees in Kuwait.

  • Taxes in Kuwait are at present levied on foreign corporate entities. Kuwaiti and foreign nationals (including an arbitrator) will not be subject to tax.

Definitions

  • CCCP: Kuwait Decree-Law No. 38/1980 Promulgating the Code of Civil and Commercial Procedures

  • KCAC: The main arbitration centre in Kuwait, the Kuwait Commercial Arbitration Centre.

  • Judicial Arbitration Law: Kuwait Law No. 11/1995 on Judicial Arbitration with Respect to Civil and Commercial Matters.

Practical Guidance

International legislation Kuwait is signatory to