In general, the requirements of form of an arbitral award, such as language, date, signature and content, are dictated by the arbitration agreement, and in practice by the set of arbitration rules the parties have adopted. As with other national arbitration laws, Kuwaiti law too imposes form requirements on the award. In comparison to other countries of the Gulf Cooperation Council (GCC) however, Kuwaiti arbitration law falls short of modern international standards and takes an unnecessarily formalistic approach affecting the validity and enforceability of arbitral awards in Kuwait. The legal framework for arbitration is in need of reform.

• Domestic arbitral award: an arbitral award is generally categorised and hence appropriately applied as domestic when:

  • it is issued in a single state,

  • arises out of an arbitration agreement between parties who are all from the same state, and

  • the dispute in question has little or no connection with another state.