Contradiction of the Kuwaiti Arbitration Law

The issue of “arbitrability” is a fundamental rule that delineates the boundary between the jurisdiction of ordinary courts and the authority of arbitral tribunals. Although Kuwaiti legislation recognizes arbitration as an alternative dispute resolution mechanism, the legislative treatment of disputes involving the state, administrative contracts, and public policy contains fundamental gaps that negatively affect the attraction of investments and the assurance of stability in major development contracts. …