Al-Sumait: Cabinet Approves New Arbitration Law, Unifying the Framework into a Single Legislation
The Kuwaiti Cabinet has approved the draft Arbitration Law, which repeals previous laws and unifies the legislative framework.
Translated by Qiyas from الجريدة — Original source
Justice Minister and Legal Advisor Nasser Yousef Al-Samait announced that the Council of Ministers, in its meeting today, approved a draft decree-law on arbitration, a move representing a significant legislative leap in regulating dispute resolution mechanisms in the State of Kuwait.
Al-Samait stated that the draft repeals the law on judicial arbitration, as well as Chapter Twelve governing arbitration in the Civil and Commercial Procedures Law, while integrating and developing the provisions of judicial arbitration within the new law. This consolidates arbitration in all its forms under a single legislative framework, rather than dispersing its provisions across multiple laws.
He clarified that the draft drew upon principles established by the UNCITRAL Model Law on International Commercial Arbitration issued by the United Nations Commission on International Trade Law (UNCITRAL), adhered to international best practices, and incorporated provisions suited to the nature of Kuwait’s legal system and the needs of the country’s commercial and investment environment.
He added that unifying the arbitration framework achieves greater clarity and legislative coherence, addresses practical challenges such as lengthy procedures and fragmented regulatory texts, and provides a faster and more flexible means of resolving disputes, particularly commercial and investment-related ones.
He emphasized that the law’s significance extends beyond expediting dispute resolution and alleviating the burden on courts; it also aims to strengthen confidence in the state’s legal and economic environment, provide clearer guarantees for market participants and investors, and bolster Kuwait’s position as an attractive financial and commercial hub for investment.
