Arbitration a Successful Alternative for Resolving Commercial and Civil Disputes

Arbitration is one of the most important alternative dispute resolution mechanisms for commercial and civil disputes, owing to its speed, flexibility, and confidentiality compared to ordinary courts.

The Kuwaiti legislator has taken a successful step by enacting the Arbitration Law, aiming to provide an attractive legal environment for investment and to enhance confidence in the resolution of commercial disputes. However, despite the advantages introduced by the law, practical application has revealed several observations that warrant criticism and calls for improvement.

One of the most prominent criticisms is that certain provisions of the Arbitration Law still allow for judicial intervention in some stages of arbitration, whether in the appointment of arbitrators, the consideration of certain procedural requests, or the enforcement of awards. This criticism does not negate the importance of judicial oversight to ensure justice.

However, the extent of this intervention may lead to prolonging the dispute, which contradicts the primary objective of resorting to arbitration, namely speed and efficiency. Furthermore, the arbitral legislation is criticized for failing to regulate certain procedural matters in detail, leaving wide room for interpretation and discretion. This may result in inconsistent application across cases and create a state of legal uncertainty, particularly in international commercial disputes that require clarity and precision in procedures.

Mishari Al-Mutairi

College of Business Studies – Law Major