قانون المرافعات المدنية والتجارية

The Civil & Commercial procedure code which was promulgated by the Law Decree No. 38/1980 has organized under its aforesaid articles the rules customary known and titled Voluntary Arbitration, which indicates the first image of the two forms of Kuwait Judicial System of Arbitration which has been characterized by the following main features:

1 - It does not define the disputes within which individuals may refer to it as a means of settlement nor it stipulates any relevant conditions save the fact that such disputes should be of a nature accepting conciliation even though the said regulation is provided for in the Civil & procedure Code, under which the area of arbitration function within the scope of Commercial dispute may be determined in respect of natural individuals or corporations.
2 - It necessitates that the issue under dispute shall be specified in the pertinent arbitration agreement or the contract if it is agreed therein that any disputes arising from its implementation shall be subject to arbitration .
3 - It gives the arbitration parties the right of nominating their arbitrators, provided that the Arbitrator is not under seizure, i.e. attachment on property, on persons or garnishment no he has been deprived of his civil rights by the reason of any criminal action or deprived of his civil rights by the reason of any criminal action or deprived of his civil rights by the reason of any criminal action or declared bankrupt, unless he has been rehabilitated, and that he has accepted the arbitration in question . Moreover, upon acceptance of arbitration by the Arbitrator his withdrawal or removal is prohibited by virtue of the said Law. Unless the consent of the litigant parties is secured. Nevertheless, the Arbitrators recusation may be made under institution of an action to be moved for before the court of competent jurisdiction, originally hearing the dispute. In the event of several arbitrators, the number of Arbitrators should be odd.
4 - It has laid down the rules of procedure for hearing the disputes under arbitration with implementation and enforcement of the same, taking into consideration easy and simple determination thereon , without abiding by the established provisions of the Civil procedure Code as a main origin of the same.
5 - As a general rule, challenge or objection to arbitration award is prohibited and deemed impermissible in conformity with the law hereof, unless the litigant parties have agreed in that respect prior to rendition of such awards. Nevertheless, a challenge to nullify the award rendered is permissible under initiatory action in certain limited cases, to be instituted and brought before the court of competent jurisdiction originally hearing the case in conformity with normal applicable procedure of case filing, within a fixed date and special proceedings.