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