Commercial Arbitration Organizes a Scientific Seminar in Collaboration with the Bar Association
The Kuwait Center for Commercial Arbitration, under the auspices of the Kuwait Chamber of Commerce and Industry, in collaboration with the Kuwait Lawyers Association, held a specialized scientific seminar on the 15th of this month titled “Arbitration and Mediation in Investment and Commercial Disputes,” on the occasion of World Law Day, in the Broom Hall at the Chamber’s building.
The seminar witnessed widespread attendance from specialists and those interested in legal and investment matters. A distinguished group of legal experts and professors presented its key topics, including: Badr Saud Al-Badr, Member of the Board of Directors and Chairman of the Executive Committee at the Kuwait Center for Commercial Arbitration, and former Chairman of the Board of Directors and the Legal and Technical Committee of the Arbitration Center for the Gulf Cooperation Council States; Dr. Yousef Al-Sulaiti, Professor of International Law and faculty member at the Kuwait International Law School, as well as Member of the Board of Directors and the Executive Committee at the Kuwait Center for Commercial Arbitration; Dr. Sharaf Al-Sharaf, Professor of Private International Law and Arbitration at the Faculty of Law, Kuwait University; and Dr. Noura Al-Shatti, who holds a PhD in Private Law from the University of Strasbourg in France, and has previously served as a lecturer at the Faculty of Law, Kuwait University, and the College of Commercial Studies at the Public Authority for Applied Education and Training.
The speakers presented comprehensive legal and practical insights addressing the importance of alternative dispute resolution mechanisms, highlighting the criteria and conditions that make arbitration the optimal choice for companies and investors compared to ordinary courts, particularly when speed of resolution, complete confidentiality, and technical expertise of arbitrators are required. They also emphasized the precise rules and sound legal foundations for drafting arbitration clauses during contract negotiations, ensuring their enforceability and avoiding any nullity or ambiguity that could hinder future dispute resolution. Furthermore, they discussed the role of the judiciary in supporting arbitration proceedings, underscoring the importance of partnership and synergy between national courts and commercial arbitration. Courts intervene to provide procedural support and adopt interim and enforcement measures that ensure the smooth and effective progress of arbitration.
In the same context, the speakers reviewed the legal mechanisms and international agreements that facilitate the recognition and enforcement of arbitral awards locally and internationally, thereby enhancing the confidence of both foreign and local investors in the state’s legal system. They also highlighted the role of mediation as a flexible and cost-effective mechanism that contributes to resolving disputes at their early stages, preserving ongoing commercial relationships between parties and businessmen without the need for protracted litigation.
The seminar affirmed that arbitration and mediation constitute a fundamental pillar in supporting the investment climate and providing legal security for the commercial sector in the State of Kuwait. The core importance of commercial arbitration lies in its ability to serve as a swift and flexible means to keep pace with the rapid changes in global trade movements and cross-border capital flows, in addition to its role in alleviating the burden on ordinary courts and ensuring confidentiality and protecting investment relationships.
This event aligns with the continuous efforts of the Kuwait Center for Commercial Arbitration and the Kuwait Lawyers Association to enhance the competence and legal awareness of participants, and to develop conciliation and arbitration rules in accordance with the highest international standards and practices in dispute resolution.
