Kuwait Law

Kuwait and Arbitration

The arbitration - in general - known in Kuwait since the establishment of the community, and he is resorting to the owners of the experience and knowledge to resolve trade disputes and was known as ( patron of the above ) .

Then I took Kuwait arbitration system is supported , including in the Journal of the provisions in Aladlahalsaderh 1938 article in 1790 where I knew that he ( the governor to take the two rivals last season in consenting to their rivalry and Dawahma ) .

It was stated in the Code of Arbitration Procedure Kuwaiti canceled in articles 216-254. Has been organized by the legislator in the current Procedures Act No. 38 of 1980 in articles(173-188) However, Article 177 of the Code of Procedure canceled under current law No. 11 of 1995 on the Judicial Arbitration in Civil and Commercial Matters.


Islamic Law and Arbitration

Arabs knew in ignorance arbitration by resorting to the wise and priests to resolve their differences, and confirmed Islam arbitration and urged him in the verse ( Salutation judgment of people and judgment of her family hers God between them ) , and the renewal of the introduction of arbitration in the era of the Messenger of Allah may Allah bless him and God and peace , and his companions valued customers, and gather it jurists and scholars Musalmi .

World and Arbitration

Arbitration afternoon in Europe after the French Revolution, the issuance of Decree No. 16 of 1790

And alone in European countries established arbitration institutions, is the oldest association of Liverpool in 1841 and the International Chamber of Commerce in Paris in 1923, Article (173).

May agree to arbitration in a particular dispute may also agree to arbitrate all disputes arising from the implementation of a specific contract.

Arbitration does not prove, but writing is not permissible in arbitration matters which may not be where the Magistrate is not valid arbitration but who has the capacity to act in the right place of the conflict.

And must specify the subject of the dispute in the arbitration agreement or during the hearing if the arbitrator authorized conciliation and arbitration, but it was in vain.

Courts have no hearing the disputes that have agreed to arbitration in the matter and may go down payment for lack of jurisdiction expressly or impliedly

It does not include arbitration issues urgent unless expressly agreed otherwise Article (174)

Shall not be limited to the arbitrator or interdicted or deprived of his civil rights because of a criminal penalty or penniless he has been rehabilitated.

If multiple arbitrators, shall in all circumstances be odd in number and must be set arbitrator in the arbitration agreement or in a separate agreement.

Article ( 175 )

If the impact of the conflict was not adversaries have agreed to arbitrators or declined to one or more of the arbitrators agreed on them for work or Aatzlh or isolate him or rule push or the mind of intimacy with him and there was no agreement in this regard between adversaries appointed court originally competent to hear the dispute required of the arbitrators and at the request of one of the litigants in the normal workings suit must be a number of court-appointed equal to the number agreed upon between the parties or complement it may not be challenged in the judgment so by any method of appeal.

Article (176 )

May not be authorized for arbitrators conciliation does not rule as compromising arbitrators unless they are mentioned their names in the agreement on arbitration.

Article ( 177 )

May be the Ministry of Justice to constitute a tribunal or more is being held at the headquarters of the High Court or any other place designated by the Chairman of the Commission shall be chaired by the adviser or judge chosen by the General Assembly of the competent court and the membership of the two traders or other specialties are selected from the tables prepared in this regard and according to the rules and procedures established by a decision of the Minister of Justice and the Commission 's secretariat a court staff college.

And offer to - without charge - disputes that concerned parties agree in writing to submit to it and will take effect in the rules prescribed in this section , however , it may issue rulings and orders referred to in paragraphs (a . B . C) of Article ( 180 )

Article ( 178 )

Without prejudice to the provisions of the previous article or any other law requires that the arbitrator accepts his mission and proven acceptance in writing and if the arbitrator withdraws - without a serious reason - for doing his job after accepting arbitration may sentence him compensation

The arbitrator may be removed without the consent of all liabilities .

Is not permissible response to a provision only for reasons occur or appear after the appointment of the person and asked to respond to the same reasons set out by the judge or considered because of an invalid rule and raise request reply to the court originally competent to hear the case within five days of news opponent appointment of an arbitrator or of the date of the cause reply or knowing if it was , consequently, to inform him of the appointment of the arbitrator .

In all cases, does not accept the request if the reply was sentenced to arbitrators or closed door hearing in the case and the applicant may appeal the judgment to respond to his request whatever value the dispute before the verdict.

Article ( 179 )

The arbitrator within thirty days from the acceptance of the arbitration shall notify the liabilities as at the first session determines the view of the conflict and the importance of the session and so without complying with the rules prescribed in this Act for the declaration and identifies them as the date for the submission of their documents and their stories and their defense and may be sentenced on the basis of what provided by one side fails to others about it the deadline. If several arbitrators shall assume that the combined investigation procedures and sign all of them on the records unless collect scar on one of them to prove that a particular procedure, scar in the minutes of the meeting or the arbitration agreement entitles it to one of them .

Article ( 180 )

Uninterrupted rivalry in front of an arbitrator if the cause of interruption of the litigation set forth in this law and the consequent interruption effects prescribed by the law . If offered through arbitration preliminary question outside the jurisdiction of the arbitrator or stabbed rigging paper or taken criminal proceedings for forgery or criminal incident last stopped arbitrator work to issue the rule as I finished the arbitrator stop his work to return to the president of the court originally competent to hear the dispute to make what comes up.

  1. judgment to be legally retribution from behind for attendance of witnesses or refrain from answering .
  2. non- commissioned governance by highlighting a document in the possession of the necessary provision in the arbitration .
  3. it Balanabat judicial .
Article ( 181 )

The arbitrator issued his non- restricted procedures proceedings except as provided in this section may, however, opponents agree on certain procedures followed by the arbitrator . The decision of the arbitrator on the applicable rules of law unless it is authorized by making peace not comply with such rules , except those related to public order . And apply the rules for expedited implementation of the provisions of the arbitrators . It must be issued in Kuwait arbitrator ruled otherwise would have followed the rules prescribed in the provisions of the arbitrators issued in a foreign country .

Article ( 182 )

The judgment of the arbitrators majority opinions and should be typed and must include , in particular, the image of the agreement on arbitration and the summary statements of liabilities and their documents and the reasons for judgment and operative and date of issuance and the place where it was made and the signatures of the arbitrators and if rejected by one or more of the arbitrators sign the judgment stated that it and be judged true if and signed by a majority of the arbitrators And frees the arbitrator in Arabic unless opponents agree on is that then have to be accompanied by an official translation when deposited . The judgment is from the date of signing him after he wrote the arbitrators .

Article ( 183 )

The original judgment - even if it was issued an investigation procedure with out the agreement on arbitration Management Book court originally competent to hear the dispute within ten days following the verdict of the Terminator feud . The court clerk minutes of this deposit.

Article ( 184 )

Not be the decision of the arbitrator enforceable except by an order issued by the President of the Court , which was filed judgment management of her book at the request of one of the stakeholders , and that after reviewing the judgment and the arbitration agreement and after verifying the absence of contraindications implementation and the expiration deadline to appeal if the verdict was viable to him and is not covered by access accelerated and place an order implementation tail out of the sentence.

Article ( 185 )

May not be an appeal against the arbitrator unless the litigants agree before its release otherwise and raises the appeal then before the Court of First Instance Authority appellate and is subject to the rules applied to appeal judgments of the courts and start unseasoned of filing out of the referee management book and in accordance with Article ( 184 ) .

However do not be appealable judgment if the judgment or conciliation commissioner was an arbitrator in the appeal or the value of the suit does not exceed five hundred dinars, or the judgment of the Commission provided for in Article ( 177 ) .

And each may be significant that the request nullification of the decision of the arbitrator shall be final and that in the following cases , even before its release agreed otherwise :

A) if issued without an arbitration agreement or on the basis of an arbitration agreement is invalid or fell to override the promised or if the referee is out of the agreement on arbitration

B) if one of the reasons may be for her to seek re- Alnzerj ) If there is contraindicated in judgment or invalidity in the proceedings in the effect of the judgment.

Article ( 186 )

Does not entail the nullity suit to stop the implementation of the rule at stake.

However, the court may consider that the suit be ordered at the request of the prosecutor to suspend execution of the sentence if he feared the occurrence of serious harm from the implementation and the reasons for nullification , which is likely with the elimination of the invalidity of the judgment.

The court may order a stay of execution when that had to provide bail or order what you see to the maintenance of a guarantor defendant's right to withdraw the order issued a stay of execution on the implementation measures taken by the judgment from the date of request for a stay of execution .
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