Kuwait Law

Judicial Arbitration Law in Kuwait

Article VI

Specializes in the Appellate Court to adjudicate in a callback request any of the members of the arbitral tribunal and raise demand response management book report filed appeals court within five days from the date of announcement of the formation of student response arbitral tribunal or from the date of occurrence of the cause or reply from the date of his knowledge that it was the second to do so.

Shall not result in a request to respond to stop the arbitration proceedings and if the rule is considered to respond arbitration proceedings that have been , including the arbitration award if were not and may not be challenged in the judgment of the rejection of the request to respond by any method of appeal .

In the case of the referee refund any of the arbitrators or retirement or dismissal for any reason is set to be replaced by the same procedure was followed when his appointment .

Article VII

The judgment of the tribunal without a certain time and that an exception to the provision of Article 181 of the Code of Civil Procedure .

The judgment of the tribunal majority opinions and pronounced in open court declares them a party to the arbitration and must include , in particular, a summary of the agreement to arbitrate 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 must also deposit a draft judgment containing such reasons signed by the arbitrators at the pronouncement and if rejected by one or more of the arbitrators signing referee stated it and be judged valid if signed by a majority of the arbitrators , even if he had stepped down or retired from one or more of them after booking a case of the rule and the start of the debate .

The original Terminator judgment of a feud with the origin of the agreement to arbitrate management book court of appeal within five days following the issuance

May not publish the rule of the arbitral tribunal or parts of it without the consent of the parties.

Article VIII

The arbitral tribunal shall rectify what lies in its judgment of material misstatement purely clerical or calculation and interpretation if signed in operative ambiguities also specializes also adjudicate requests substantive overlooked chapter in which this is done according to the rules laid down in Articles 124 , 125 and 126 of the Code of Civil and Commercial Procedure If this is not possible these are issues of jurisdiction of the court originally competent to hear the dispute .

An appeal against this judgment is concerned with the distinction the Court of Cassation without correcting what others have signed it of material misstatement or interpretation

Article IX

Possess judgments of the tribunal force of res judicata and be enforceable in accordance with the procedures prescribed in the Code of Civil and Commercial Procedure after placing formula executive power by the Department of the book appeals court ..

Article X.

May be challenged on the judgment of the tribunal discrimination in the following cases

A) violation of law or error in the application or interpretation

B) If there is contraindicated in judgment or action in the impact of governance

C) If the arbitration panel ruled on a dispute between the ruling previously issued with opponents of res judicata Authentic won both of the regular courts or arbitration bodies from one.

D) if the cause of the reasons under which a petition for review.

May not appeal to the judgment of the tribunal in any other way of remedies.

Article XI

Subject to the provisions of Article 130 of the Code of Civil and Commercial Procedure raises the appeal to the Court of Cassation, in accordance with the procedures prescribed in the Act , within thirty days from the date of issuance of the arbitration award in the situations described in paragraphs " a " and " b " and " c " of the previous article begins this Promised permitted in cases where the reason set forth by paragraph (d ) of that article and in accordance with the provisions of Article 149 of the Code of civil and Commercial Procedures.

The appellant must be filed when submitting the appeal hundred dinars for bail

Are being challenged discrimination and separation of view and according to the established procedures to challenge discrimination in the Code of Civil Procedure and commercial.

Article XII

This law for the arbitration bodies contained therein is also applicable to the provisions of the Law of Civil and Commercial Procedures are not in conflict with the provisions of this law. And repealed Article 177 of the Code of Civil and Commercial Procedures

Article XIII

The Minister of Justice decisions necessary for the implementation of this law that includes provisions for the regulation of administration of Arbitration Court of Appeal and the organization of enrollment in the schedules and procedures for selection of arbitrators and replace them and report their fees .

Article XIV

This law shall be published in the Official Gazette and shall come one month after the date of publication and the ministers - each with their own thing - the implementation of this law.


PAGE     1    |    2    |    3    |