Rights, Duties and Liability of Arbitrators (English/Arabic)
Overview
This Practice Note will discuss the appointment, role and responsibility of arbitrators pursuant to Kuwait Decree-Law No. 38/1980 Promulgating the Code of Commercial and Civil Procedures, the Kuwait Law No. 11/1995 on Judicial Arbitration with Respect to Civil and Commercial Matters (Judicial Arbitration Law) and the Kuwait Commercial Arbitration Centre (KCAC) Rules of Arbitration and Conciliation.
Practical Guidance
Eligibility of arbitrators
Pursuant to article 174 of Kuwait Decree-Law No. 38/1980, arbitrators must not be minors, under guardianship, deprived of their civil rights due to criminal penalty, or bankrupt and not yet rehabilitated.
Arbitrators must be identified either in the arbitration agreement or in a separate agreement. In addition, arbitrators must accept their appointment in writing.
There are no specific restrictions on judges acting as arbitrators. Furthermore, there is no restriction under Kuwaiti laws as to the nationality and religion of the arbitrator. Arbitrators must not be selected from a predetermined list, though the KCAC would choose the arbitrators from its internal list if the parties did not agree on the arbitrator.