Arbitration in Kuwait- my speech at Español Arbitration center

Kuwait does not have a free-standing arbitration law. Arbitrations are governed by the Procedures Law or Optional Arbitration in the Code of Civil and Commercial Procedure .

The main arbitration centre in Kuwait is the Kuwait Commercial Arbitration Centre (KCAC).     

Kuwait does not have a specialist arbitration court. The local courts are civil law courts. 

An arbitration agreement must be in writing and signed by a person authorised to bind the company to arbitration

Arbitration agreements may cover future disputes. However, the subject matter of the dispute must be specified in the agreement to arbitrate or during the proceedings, otherwise the arbitration will be deemed null and void.

The Kuwaiti Law does not refer to the arbitration agreement made by reference. However, such agreement would be valid if it was unequivocally made as long as it can be proved in writing

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E: areejhamadah.law@gmail.com W: www.areejhamadah.com

About the author

Areej Hamada is the president of legal challenges group r- Law Firm. She has 20 years of legal experience, which includes 13 years in the banking sector, where she was most recently assistant director of the legal department at Ahli United Bank.

Areej specialises in commercial, civil, administrative and arbitration law. She is a restricted arbitrator in the Kuwait Chamber of Commerce and Industry and a member of the Women's Socio- Cultural Association; Kuwaiti Lawyers Association; Chinese European Arbitration Centre; Inter-Pacific Bar Association (IPBA); Union Internationale de Avocats (UIA); and International Bar Association (IBA). Areej has experience in the public and private sector. She is a former chair of the economic committee of the Kuwait Association of Lawyers and has conducted several published studies covering topics such as cyber-crime, electronic media law and Kuwait’s industrial legal environment. She has also worked on an initiative to establish a specialised stock exchange for small and medium enterprises. Areej obtained her bachelor of laws from Kuwait University in 1997.