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Contents (17)
- Articles of Promulgation
- The Arbitration Law
- Chapter One – General Provisions
- Chapter Two – The Arbitration Agreement
- Chapter Three – The Arbitral Tribunal
- Chapter Four – Arbitration Proceedings
- Chapter Five – The Arbitrator for Interim and Precautionary Measures
- Chapter Six – Stay and Termination of Arbitration Proceedings
- Chapter Seven – Arbitral Awards Not Terminating the Proceedings
- Chapter Eight – Arbitral Awards Terminating the Proceedings
- Chapter Nine – Correction and Interpretation of the Arbitral Award and the Additional Award
- Chapter Ten – Force of Res Judicata of the Arbitral Award and Its Enforcement
- Chapter Eleven – Challenging the Arbitral Award
- Chapter Twelve – Institutional Arbitration
- Chapter Thirteen – Judicial Arbitration
- Chapter Fourteen – Penalties
- Chapter Fifteen – Final Provisions
Decree-Law No. 120 of 2026
Promulgating the Arbitration Law
Articles of Promulgation
Article One
The provisions of the attached Arbitration Law shall apply.
Its provisions shall not apply to any arbitration pending at the time it comes into force, even if based on an arbitration agreement concluded before it, provided that the procedures taken under any previous legislation shall remain valid.
Article Two
The provisions of the Civil and Commercial Procedure Law referred to above shall apply to any matter for which no special provision is made in the attached Law, insofar as they do not conflict with the provisions of the attached Law.
Article Three
Arbitration centres existing at the time the attached Law comes into force shall regularise their status in accordance with its provisions and the resolutions issued in implementation thereof within one year from the date it comes into force.
Article Four
Part Twelve on arbitration of the Civil and Commercial Procedure Law referred to above, and Law No. (11) of 1995 referred to above, are hereby repealed, as is every provision that conflicts with the provisions of the attached Law.
Article Five
The Minister of Justice shall issue the resolutions necessary for the implementation of the attached Law.
Article Six
The Ministers, each within their own remit, shall implement this Decree-Law, which shall be published in the Official Gazette.
The Arbitration Law
Chapter One – General Provisions
Article 1
Definitions
In applying the provisions of this Law, the following words and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State entities: include, in particular, ministries, public authorities and public institutions, government bodies, departments and agencies, whatever their designation, and companies wholly owned by the State.
The competent court: the court originally having jurisdiction to hear the dispute but for the existence of the arbitration agreement, unless a special provision to the contrary is laid down in this Law.
Arbitration: a legal system for the settlement of a dispute between two or more parties by a final and binding award rendered by an arbitral tribunal on the basis of the parties’ agreement, instead of recourse to the courts.
Ad hoc arbitration: arbitration that is not subject to the supervision of any arbitration institutions or centres, but is organised directly by the parties to the dispute themselves.
Institutional arbitration: arbitration in which the parties entrust international, regional or national institutions or arbitration centres, through which tribunals are constituted to settle the dispute existing between them, in accordance with their rules and procedures.
Arbitration agreement: an agreement between two or more parties to refer to arbitration all or some of the disputes that have arisen or may arise in respect of a defined legal relationship between them, whether contractual or non-contractual.
The parties: the two parties or the parties to the dispute who have agreed to refer it to arbitration, even if they are multiple.
Arbitral tribunal: the tribunal composed of a sole arbitrator or an odd number of arbitrators to settle the dispute referred to arbitration.
Claimant: the party to the agreement who initiates the request to commence the arbitration proceedings.
Respondent: the party to the agreement against whom the arbitration proceedings are commenced.
Arbitration centre: an entity licensed, in accordance with the provisions of this Law, to administer institutional arbitration proceedings.
Article 2
Scope of Application of the Law
Without prejudice to the provisions of the international conventions in force in the State of Kuwait, the provisions of this Law shall apply to every arbitration conducted between parties who are persons of public law and private law, or between persons of private law, whatever the nature of the legal relationship around which the dispute revolves, in the following cases:
a- Every arbitration whose seat is in the State of Kuwait, without prejudice to the right of the parties to agree to subject the proceedings to the rules of a particular arbitration centre, and without prejudice to the mandatory provisions of this Law.
b- Every arbitration conducted abroad whose parties agree to subject it to the provisions of this Law.
Article 3
Arbitration in Disputes Arising from Contracts Concluded by State Entities
An agreement to arbitrate disputes arising from contracts concluded by State entities shall be made after seeking the opinion of the Fatwa and Legislation Department, in accordance with the following controls:
– The approval of the Council of Ministers in respect of contracts relating to development and the exploitation of non-oil natural resources.
– The approval of the Competent Minister in respect of the remaining contracts, in accordance with the rules laid down by the Council of Ministers, and he may not delegate this power.
Arbitration in contracts relating to Kuwait Petroleum Corporation and the companies owned by it shall be conducted in accordance with the procedures and conditions determined by the Supreme Petroleum Council.
Chapter Two – The Arbitration Agreement
Article 4
Capacity to Agree to Arbitration
An agreement to arbitrate shall not be valid except when made by a person who has the capacity to dispose of the rights that are the subject of the dispute, whether a natural or a legal person.
Article 5
Writing of the Arbitration Agreement
The arbitration agreement shall be in writing, failing which it shall be null and void, and the arbitration agreement shall be deemed to be in writing in the following cases:
1. If it is contained in a document signed by the parties.
2. If it is contained in correspondence or telegrams exchanged between the parties, whether paper or electronic.
3. Upon an express reference in the contract to a document containing the arbitration agreement, which treats it as part of the contract.
4. If one of the parties requests before the courts that the dispute be resolved by arbitration and the other party expressly accepts.
5. If the parties agree to subject the legal relationship between them to the provisions of a model contract or an international convention, and such contract or convention contains provisions relating to arbitration.
Article 6
Matters in Which Arbitration Is Prohibited
Arbitration may not take place in matters in which settlement is not permissible, but it may take place in respect of the financial rights arising therefrom.
Article 7
Forms of the Arbitration Agreement
The arbitration agreement may precede the arising of the dispute, in the form of an arbitration clause in the contract or a separate agreement, and it may also follow the arising of the dispute, in the form of a submission agreement.
Arbitration may be agreed upon after the dispute has arisen, in which case the subject matter of the dispute shall be specified in the arbitration agreement itself, and the court shall record this agreement in the minutes of the hearing, failing which the arbitration shall be null and void.
The court shall order a stay of the action in respect of the part covered by the arbitration agreement until the arbitration proceedings are concluded, and its decision shall not be subject to challenge.
If the arbitral award is rendered on the merits of the dispute and the time limit for the action for annulment expires without such action being filed, or such action is dismissed, the court shall rule that the proceedings have ended in respect of that part. If the arbitration proceedings end without an award being rendered on the merits, the action shall revert to the court in its existing state at the request of any of the parties, unless the Court of Appeal has decided the merits of the dispute in accordance with the provision of Article (79) of this Law.
Article 8
Independence of the Arbitration Agreement
The arbitration agreement, whether in the form of a clause or a submission agreement, shall be independent of the other terms of the contract.
The nullity, rescission or termination of the contract shall have no effect on the arbitration agreement if this agreement is valid in itself, unless the matter relates to the diminished capacity of one of the contracting parties.
A plea of the nullity or termination of the contract containing the agreement to arbitrate shall not entail a stay of the arbitration proceedings, unless the arbitral tribunal so decides.
Article 9
Agreement on Arbitration Ex Aequo et Bono
Where arbitration ex aequo et bono is agreed upon, the parties shall establish this by an express provision in the agreement, and the members of the arbitral tribunal shall be named in the agreement.
Article 10
Lack of Jurisdiction of the Court to Decide a Dispute Subject to an Arbitration Agreement
The court before which a dispute subject to an arbitration agreement is brought shall rule that it lacks jurisdiction if the defendant raises this plea before submitting any defence on the merits of the action, unless the court decides that the agreement is null and void, inoperative or incapable of being performed.
The court may, of its own motion, ascertain the nullity of the agreement if the matter relates to provisions of public order.
The filing of the action shall not prevent the commencement or continuation of the arbitration proceedings or the rendering of the arbitral award.
Article 11
Authorisation of a Third Party to Determine the Arbitration Proceedings
The parties may appoint a third party, whether an institution or an arbitration centre in the State of Kuwait or abroad, to determine the arbitration proceedings, and their agreement on the rules of a particular arbitration centre shall be deemed an implicit authorisation of that centre to organise such proceedings in accordance with its rules.
Chapter Three – The Arbitral Tribunal
Article 12
Conditions to Be Met by the Arbitrator
The arbitrator shall meet the following conditions:
1. He shall have full capacity; accordingly, he shall not be a minor, nor under interdiction, nor deprived of his civil rights by reason of a penalty for a felony or a crime involving dishonour or breach of trust, nor bankrupt unless he has been rehabilitated.
2. He shall not be an employee or member of the department concerned with arbitration at the Ministry of Justice.
3. The arbitrator shall accept the arbitration mandate in writing.
4. The arbitrator shall declare that he has no interest in the dispute, and shall notify the parties in writing of everything likely to give rise to justifiable doubts as to his impartiality or independence.
5. Other conditions added by the parties or the arbitration centres.
Article 13
Circumstances Giving Rise to Any Doubts as to Impartiality and Independence
The arbitrator shall, throughout the arbitration proceedings, promptly and without any delay notify the parties and the other members of the arbitral tribunal of any circumstance that may give rise to justifiable doubts as to his impartiality or independence, unless they have already been informed of it.
Article 14
Constitution of the Arbitral Tribunal
The arbitral tribunal shall be constituted by agreement of the parties of a sole arbitrator or more, provided that the number is odd; if the parties do not agree on the number of arbitrators, the number shall be three, unless the person competent to make the appointment considers otherwise.
If the parties agree on an even number, the parties shall agree on the additional arbitrator within thirty (30) days from the date on which one of them submits the request to commence the arbitration proceedings. If they do not agree, the President of the competent court, or whomever he delegates, shall appoint the additional arbitrator from the registers of arbitrators kept by the Competent Department for arbitration at the Ministry of Justice within fifteen (15) days, at the request of one of the parties, by an order on petition; the order issued shall not be subject to challenge by any means of challenge unless the request is rejected, in which case the applicant may file an action before the judge of summary matters to decide the request for appointment, and his judgment shall not be subject to challenge by any means of challenge.
Article 15
Rules for the Appointment of the Arbitral Tribunal
The parties may agree on the procedures to be followed for the appointment of the arbitral tribunal, including the number and the time periods for completing the appointment. If the parties do not agree, the following procedures shall be followed:
1. If the arbitral tribunal consists of a sole arbitrator and the parties do not agree on his appointment within fifteen (15) days from the date of receipt of a request to that effect from the other party, the President of the competent court, or whomever he delegates, shall appoint him, at the request of one of the parties, from the registers of arbitrators kept by the Competent Department for arbitration at the Ministry of Justice.
2. If the arbitral tribunal consists of three arbitrators, each party shall choose an arbitrator within fifteen (15) days from the date of its receipt of a request to that effect from the other party. If one of the parties fails to appoint its arbitrator within the specified period, or the two appointed arbitrators do not agree on the third arbitrator, who shall preside over the arbitral tribunal, within fifteen (15) days from the date of the appointment of the later of them, the President of the competent court, or whomever he delegates, shall make the appointment, at the request of one of the parties, from the registers of arbitrators kept by the Competent Department for arbitration at the Ministry of Justice.
3. The request for appointment shall be submitted to the President of the competent court by an order on petition, and he shall decide it within fifteen (15) days from the date of submission of the request; the order issued shall not be subject to challenge by any means of challenge unless the request is rejected, in which case the applicant may file an action before the judge of summary matters to decide the request for appointment, and his judgment shall not be subject to challenge by any means of challenge.
4. In institutional arbitration, the chosen arbitration centre shall appoint the arbitrators in accordance with its rules; if it is unable to do so, they shall be appointed in accordance with the foregoing procedures.
Article 16
Removal of an Arbitrator
An arbitrator may not be removed except by agreement of the parties, and this shall not be deemed an admission of the validity of any of the grounds for challenge.
If the removal is without a serious reason, the arbitrator shall be entitled to his full agreed fees, in addition to such appropriate compensation for moral and professional damage as the court may assess, without prejudice to his right of recourse in accordance with the rules of civil liability.
Article 17
Challenge of an Arbitrator
An arbitrator may not be challenged unless circumstances exist that give rise to justifiable doubts as to his impartiality or independence.
A request for challenge shall not be admissible in the following cases:
1. If the party requesting the challenge appointed the arbitrator whose challenge is requested or participated in his appointment, except for a reason that became known to him after such appointment was made.
2. If the arbitral award has been rendered or the pleadings in the case have been closed.
3. If the party requesting the challenge has previously submitted a request to challenge the same arbitrator in the same arbitration and on the same ground.
Article 18
Procedures for the Challenge of an Arbitrator
In institutional arbitration, the arbitration centre shall decide the request for challenge in accordance with its rules.
In ad hoc arbitration, the parties shall, in the absence of agreement, follow the following procedures:
a- The party intending to challenge the arbitrator shall submit a reasoned request for challenge to the arbitral tribunal and the other parties within fifteen (15) days from the date on which the party requesting the challenge became aware of the appointment of the arbitrator or of the ground warranting the challenge.
b- If the arbitrator whose challenge is requested does not withdraw, or the other parties do not agree to the request for challenge, within fifteen (15) days from his being notified of the request for challenge, the party requesting the challenge may submit it to the competent court within fifteen (15) days from the expiry of the said period.
c- The competent court shall decide the request for challenge within a period of fifteen (15) days from its submission, and its judgment may not be challenged by any means of challenge.
d- If the court dismisses the request to challenge the arbitrator, it may award him such fees, compensation or expenses due to him as it deems appropriate, and no challenge to this judgment by any means of challenge shall be admissible.
e- If the court upholds the challenge of the arbitrator, it may recover from him any fees or expenses he has received, and no challenge to this judgment by any means of challenge shall be admissible.
Serving the arbitrator whose challenge is requested, or submitting the request to the courts, shall not entail a stay of the arbitration; rather, the arbitral tribunal shall continue its proceedings and decide the dispute.
Article 19
Withdrawal of an Arbitrator
An arbitrator may withdraw after accepting the arbitration mandate, and this shall not be deemed an admission of the validity of any of the grounds for challenge.
Any of the parties may have recourse against the arbitrator for compensation within the limits of the law if there are no serious grounds for his withdrawal.
Article 20
Substitute Arbitrator
If the mandate of an arbitrator terminates by a decision on his challenge or removal, by his withdrawal or for any other reason, a substitute shall be appointed in accordance with the procedures followed in choosing the arbitrator whose mandate has terminated.
The proceedings conducted before the appointment of the substitute arbitrator shall be deemed valid and shall produce their effects, unless the arbitral tribunal, after its reconstitution, decides otherwise by a reasoned decision, if it finds that any of those proceedings has prejudiced the rights of defence or the soundness of the constitution.
Article 21
Liability of the Arbitrator and the Arbitral Tribunal
The arbitrator or the arbitral tribunal shall not be liable for errors committed by them during the arbitral process except in accordance with the rules of tortious liability in the event of fraud or gross negligence.
Chapter Four – Arbitration Proceedings
Article 22
Obligations of the Arbitral Tribunal
The arbitral tribunal shall respect the fundamental principles of litigation and observe public order.
The arbitral tribunal shall also conduct the arbitration proceedings effectively, without slowness, delay or unnecessary expenses.
The arbitral tribunal shall treat the parties in accordance with the principle of equality and provide equal conditions for the presentation of their claims and pleas.
Article 23
Arbitration Proceedings
The parties may agree on the procedures to be followed by the arbitral tribunal, including the right to subject such procedures to the rules in force in any arbitration organisation or centre in the State of Kuwait or abroad. In the absence of such agreement, the arbitral tribunal may choose the arbitration procedures it considers appropriate, subject to the provisions of this Law, and in a manner that does not conflict with the fundamental principles of litigation and the international conventions to which Kuwait is a party.
Article 24
Particulars of the Request for Arbitration
The request for arbitration shall contain the following particulars:
1) The names, nationalities, addresses and capacities of the parties.
2) A means of electronic communication of the claimant that allows proof.
3) A statement of the facts supporting and explaining the request.
4) A specification of the matters in dispute.
5) The claims.
6) The legal grounds or arguments supporting the request.
7) A proposal for the appointment of the arbitrator where the arbitral tribunal is not named and the arbitrator is a sole arbitrator, or a notice of the appointment of the arbitrator chosen by the party requesting arbitration if the arbitral tribunal consists of an odd number.
Article 25
Particulars and Attachments of the Statement of Defence
The respondent shall submit, within the period determined for him by the arbitration agreement or the arbitral tribunal, a statement of defence setting out and attaching:
a- The names, nationalities, addresses and capacities of the parties.
b- A means of electronic communication of the respondent that allows proof.
c- A statement of any incidental claims or counterclaims he wishes to submit.
d- All the documents and evidence on which he relies.
Article 26
Amendment or Supplementation of Claims or Defences in Arbitration
Each of the parties may amend or supplement its claims or defences during the arbitration proceedings, unless the arbitral tribunal decides, by a reasoned decision, not to admit this.
Article 27
Failure of a Party to Submit Documents or Attend Hearings
Where one of the parties fails to submit documents or attend hearings on the specified dates, the arbitral tribunal may continue the proceedings and render the award on the basis of the evidence and documents available before it, without the respondent’s failure to attend being deemed an admission by him of the claimant’s claims.
Article 28
Seat of Arbitration
The parties may agree on the seat of arbitration in Kuwait or abroad. In the absence of agreement, the arbitral tribunal shall choose the seat of arbitration, having regard to the circumstances of the case and its convenience for the parties.
This shall not prejudice the right of the arbitral tribunal to meet at any place it deems appropriate to carry out any of the arbitration procedures, such as hearing the parties to the dispute, witnesses or experts, or inspecting documents.
Article 29
Language of Arbitration
The parties may agree on the language to be used in the arbitration proceedings. If they fail to so agree, the arbitral tribunal shall determine the language to be used in these proceedings. Such agreement or determination shall apply to written statements and memoranda and to oral pleadings.
The arbitral award shall be rendered in the language agreed upon by the parties; failing their agreement, it shall be rendered in the language chosen by the arbitral tribunal. The language of the award may differ from the language of the proceedings.
The arbitral tribunal may permit all or some of the documents submitted in the case to be accompanied by a translation into the language used in the arbitration. It may also permit such documents to be submitted in electronic form.
Article 30
Disclosure of Sources of Arbitration Funding
The parties shall disclose the sources of funding of the arbitration costs.
Article 31
First Hearing of the Dispute
The arbitral tribunal shall, within thirty (30) days of its constitution, notify the parties of the date and place of the first hearing of the dispute, without being bound by the rules prescribed in the Procedure Law.
The first hearing shall be held within sixty (60) days from the date of constitution of the tribunal, unless the tribunal and the parties agree otherwise.
Article 32
Oral Hearings
The arbitral tribunal may hold oral hearings to enable each party to explain the subject matter of the case and present its arguments and evidence, and it may confine itself to the submission of written memoranda and documents, unless the parties agree otherwise.
The arbitral tribunal may, at any stage of the case, request the submission of the documents or papers on which any of the parties to the case relies.
Article 33
Secretary of the Arbitral Tribunal
The arbitral tribunal may appoint a secretary to record the proceedings of the hearings, organise correspondence, keep documents, and perform such other tasks as the arbitral tribunal assigns to him.
The secretary shall be subject to the same rules of disclosure, impartiality and confidentiality provided for in this Law in respect of the arbitrator, and the arbitral tribunal shall determine his rights and duties.
Article 34
Investigation or Inspection Procedures
Where there is more than one arbitrator, they shall conduct the investigation or inspection procedures jointly, unless they agree to delegate one or more of them to carry out a specific procedure by a decision of the arbitral tribunal.
Article 35
Intervention of Third Parties in the Arbitral Proceedings
A third party who was not a party to the arbitration agreement may not intervene, or be joined, in the arbitral proceedings except with its consent and the consent of the parties and the arbitral tribunal.
The arbitral tribunal may, at the request of one of the parties and after hearing the views of the other parties, order the consolidation of multiple arbitral proceedings pending before it, if they relate to the same arbitration agreement or to compatible arbitration agreements connected with the subject matter of the dispute. In institutional arbitration, the rules of the arbitration centre shall be followed with respect to consolidation.
Article 36
Recourse to Experts
Unless otherwise agreed by the parties, the arbitral tribunal may:
1. Appoint one or more experts to submit to it a report, written or oral to be recorded in the minutes of the hearing, on specific issues determined by the tribunal, provided that it notifies each party of a copy of its decision.
2. Request any of the parties to provide the expert with any information relevant to the subject matter of the dispute, or to enable the expert to inspect everything relevant.
3. The arbitral tribunal shall send each of the parties a copy of the expert’s report and the minutes of the expert’s session, giving them the opportunity to express their views thereon.
4. The arbitral tribunal may, after the submission of the expert’s report, hold an oral hearing to hear and examine the expert. Each party shall have the right to inspect the documents and papers that the expert examined and relied upon in the report, and each party may, at such hearing, be assisted by one or more experts of its own to give an opinion on the issues addressed in the expert’s report.
5. The arbitral tribunal shall require the parties to pay the expert’s fees and expenses as it determines. If one of the parties refuses to pay its share of such fees and expenses, the arbitral tribunal shall have the right to decide who shall bear them.
6. An expert may be challenged on the same grounds and by the same procedures as an arbitrator.
Article 37
Hearing the Testimony of Witnesses and Experts
The arbitral tribunal may hear the testimony of witnesses and experts after they take the oath, and the parties may agree to exempt them from taking it, unless the applicable law or the rules of the centre require a specific form for giving testimony.
Article 38
Waiver of the Right to Object by Silence
If a party to the dispute continues with the arbitration proceedings while aware that a breach has occurred of a condition of the arbitration agreement or of a provision of this Law from which the parties may agree to derogate, and fails to raise an objection to such breach within the agreed time limit, or, in the absence of agreement otherwise, within fifteen days of becoming aware of the breach, its silence shall be deemed a waiver of its right to object.
Article 39
Use of Modern Technology
Unless otherwise agreed by the parties, the arbitral tribunal may conduct all the procedures of the arbitral proceedings by means of modern technology, including holding hearings and deliberations by video or audio conference. The exchange of memoranda, documents and electronic signatures shall also be recognised, and such procedures shall have the same legal effect prescribed for procedures conducted in person.
A resolution of the Minister of Justice shall be issued on the rules for implementing this Article, in a manner that keeps pace with technological development and protects the safeguards of arbitration.
Article 40
Confidentiality of Arbitration Proceedings
Arbitration proceedings shall be confidential, and what is submitted in the arbitration and the deliberations conducted therein may not be disclosed except with the written consent of the parties or within the limits of the law.
Chapter Five – The Arbitrator for Interim and Precautionary Measures
Article 41
Appointment of the Arbitrator for Interim and Precautionary Measures
The parties shall be free to agree on the appointment of an arbitrator to decide on requests for interim and precautionary measures before the constitution of the arbitral tribunal.
The arbitrator for interim and precautionary measures may not be appointed as an arbitrator to decide the merits of the dispute.
Article 42
Procedures for Appointing the Arbitrator for Interim and Precautionary Measures
The parties may agree on the procedures to be followed for appointing the arbitrator for interim and precautionary measures. In the absence of agreement between the parties, recourse may be had to the President of the competent court, so that he, or whomever he delegates, appoints the arbitrator within five days, at the request of one of the parties, by an order on petition, from the registers of arbitrators kept at the Competent Department for arbitration at the Ministry of Justice. The order issued shall not be subject to challenge by any means of challenge unless the request is refused, in which case the applicant may file an action before the judge of summary matters to decide on the request for appointment, and his judgment shall not be subject to challenge by any means of challenge.
Article 43
Rules Governing the Arbitrator for Interim and Precautionary Measures
The arbitrator for interim and precautionary measures shall be subject to the same rules as apply to the arbitral tribunal with respect to disclosure, impartiality, confidentiality, expenses and fees.
Article 44
Time Limit for the Decision of the Arbitrator for Interim and Precautionary Measures
The arbitrator for interim and precautionary measures shall issue his decision within fifteen days from the date of his appointment, unless the parties agree on another period or he decides to extend it, by a reasoned decision for serious reasons, by a maximum of ten additional days.
Article 45
Nature of the Decision of the Arbitrator for Interim and Precautionary Measures and Grievance Against It
The decision of the arbitrator for interim and precautionary measures shall be binding on the parties as soon as it is issued and shall produce its legal effects. If its compulsory enforcement is required, the procedures provided for in Article 52 of this Law shall be followed, until it is amended, revoked or upheld by a decision of the arbitral tribunal after its constitution.
The arbitral tribunal shall not be bound by the decision of the arbitrator for interim and precautionary measures when deciding the subject matter of the dispute.
A grievance may be filed against the decision of the arbitrator for interim and precautionary measures before the competent court within seven days from the date of notification thereof. The court shall decide the grievance within fifteen days, and its decision shall not be subject to any means of challenge.
Chapter Six – Stay and Termination of Arbitration Proceedings
Article 46
Stay of Arbitration Proceedings
The arbitral tribunal may stay its proceedings in order to refer to the competent court for the following:
a- Imposing the penalty prescribed by law on any witness who fails to appear.
b- Ordering a third party or one of the parties to produce a document in its possession that is relevant to the subject matter of the dispute.
c- Ordering letters rogatory.
Article 47
Cases of Termination of Arbitration Proceedings
The arbitral tribunal may issue a decision terminating the arbitration proceedings in the following cases:
1. If the parties agree to terminate the arbitration.
2. If the claimant abandons the arbitral proceedings, in which case the claimant shall be required to reimburse the respondent for such arbitration expenses as the respondent may have incurred, as assessed by the arbitral tribunal, if the respondent has submitted its defence.
3. If the arbitral tribunal finds, for any other reason, that continuing the arbitration proceedings is futile or impossible.
Article 48
Interruption of the Proceedings
The arbitral tribunal shall apply the provisions on interruption of the proceedings set out in the aforementioned Civil and Commercial Procedure Law, to the extent that they do not conflict with the nature of arbitration.
Chapter Seven – Arbitral Awards Not Terminating the Proceedings
Article 49
Pleas of Lack of Jurisdiction of the Arbitral Tribunal
The arbitral tribunal shall decide on pleas relating to its jurisdiction, whether based on the non-existence of an arbitration agreement, its nullity, or its failure to cover the subject matter of the dispute. It may decide thereon before deciding the subject matter of the dispute or in the final arbitral award. If it rejects the plea, its decision may not be challenged except by way of an action for annulment of the award terminating the proceedings.
The plea of lack of jurisdiction of the arbitral tribunal shall be raised before any defence on the merits is submitted.
Article 50
Interim and Precautionary Awards of the Arbitral Tribunal
The arbitral tribunal may render interim or precautionary awards, or decide on part of the claims, before rendering the award terminating the proceedings as a whole.
Interim and partial arbitral awards shall be enforced by an order on petition issued by the President of the competent court or whomever he delegates, and his decision shall not be subject to challenge except by way of a grievance before the competent court within seven days from the date of notification thereof.
Article 51
Jurisdiction to Order Interim or Precautionary Measures
The competent court may, before the constitution of the arbitral tribunal or the appointment of the arbitrator for interim and precautionary measures, order, at the request of one of the parties to the arbitration, the taking of interim or precautionary measures, and such a request shall not be deemed a waiver of the arbitration agreement.
After the constitution of the arbitral tribunal or the appointment of the arbitrator for interim and precautionary measures, original jurisdiction over the measures relating to the dispute shall pass to them.
Article 52
Compulsory Enforcement of a Decision of the Arbitral Tribunal or of the Arbitrator for Interim and Precautionary Measures
Any of the parties may request the President of the competent court to issue an order on petition for the compulsory enforcement of a decision of the arbitral tribunal or of the arbitrator for interim and precautionary measures, in accordance with expedited procedures. The President of the court, or whomever he delegates, shall decide on the request within seven days from the date of its submission, and the order shall not be subject to challenge by any means of challenge.
Article 53
Preliminary Questions Outside the Jurisdiction of the Arbitral Tribunal
If, during the arbitration proceedings, a preliminary question arises that falls outside the jurisdiction of the arbitral tribunal, or a document submitted to it is challenged as forged and criminal proceedings are instituted in respect of it, the arbitral tribunal may continue to hear the subject matter of the dispute if it considers that the determination of such question is not material to the determination of the subject matter of the dispute; otherwise, it shall stay the proceedings until a final judgment is rendered in this regard by the competent court.
Chapter Eight – Arbitral Awards Terminating the Proceedings
Article 54
Rules of Law Applicable to the Subject Matter of the Dispute
The arbitral tribunal shall apply to the subject matter of the dispute the rules of law agreed upon by the parties.
If the parties do not agree on the rules of law applicable to the subject matter of the dispute, the arbitral tribunal shall, by majority vote, apply the rules that it considers most closely connected with the dispute.
Article 55
Terms of the Contract in Dispute and Prevailing Customs in the Type of Transaction
In deciding the subject matter of the dispute, the arbitral tribunal shall take into account the terms of the contract in dispute and the customs prevailing in the type of transaction.
Article 56
Reopening of the Pleadings
The arbitral tribunal may, of its own motion or at the request of one of the parties, reopen the pleadings before the arbitral award is rendered, if it sees grounds for doing so.
Article 57
Settlement of the Subject Matter of the Dispute Referred to Arbitration
If, during the arbitration proceedings, the parties agree on a settlement that terminates the dispute, they may request that the terms of the settlement be recorded before the arbitral tribunal.
In such case, the arbitral tribunal shall render an award that sets out the terms of the settlement and terminates the proceedings.
Such award shall have the same force and effect as are established for all other arbitral awards, and shall be subject to enforcement in accordance with the procedures set out in this Law.
Article 58
Form and Content of the Arbitral Award
The arbitral award shall be rendered in writing and drawn up in the language agreed upon in accordance with Article (29) of this Law; if that language is other than Arabic, an official translation shall be attached to it upon its deposit with the court.
The arbitral award shall contain the arbitration agreement or a summary thereof, its grounds, a summary of the parties’ statements and documents, the operative part of the award, and the date and place where it was rendered. A deficiency in any of the formal elements of the award shall not entail its nullity if the information can be ascertained from the context or from the file of the arbitral case, unless the deficiency is material and affects the rights of the defence.
The arbitral award shall also contain the signatures of the arbitrators; if one of the arbitrators refuses to sign, the award shall be rendered with the signatures of the majority, and the arbitral award shall be deemed rendered on the date of signature of the sole arbitrator or, where there are several arbitrators, on the date of signature of the last arbitrator.
If the sole arbitrator refrains from rendering the award, he shall be removed and a substitute shall be appointed in his place in accordance with the procedures established in this Law; the new arbitrator may resume the proceedings from where they ended, reopen the pleadings and enable the parties to submit their observations.
The arbitral award shall be deemed rendered at the seat of arbitration even if it is signed outside it, and regardless of the manner of its signature, whether in person or by approved electronic means within the limits of the law, unless the parties agree otherwise.
Article 59
Time Limit for Rendering the Award Terminating the Arbitral Proceedings
The arbitral award shall be rendered within the period agreed upon between the parties; failing that, the arbitral tribunal shall render its award within twelve months from the date on which its constitution is completed.
Unless the parties agree otherwise:
1. The arbitral tribunal may extend the time limit set by law or by agreement for a period of six months, and the parties may thereafter agree, expressly or impliedly, to extend it for a specified period.
2. If the arbitral award is not rendered within the aforementioned time limit, any of the parties to the arbitration may request the President of the competent court to issue an order setting an additional time limit or terminating the arbitration proceedings.
An arbitral award rendered in violation of the foregoing shall be deemed null and void unless the parties agree otherwise.
Article 60
Costs of Arbitration
Unless the parties’ agreement provides otherwise, the arbitral tribunal shall assess the costs of arbitration, including the fees and expenses incurred by any member of the arbitral tribunal in performing his duties, and the expenses of the appointment of experts by the arbitral tribunal.
The competent court may, at the request of one of the parties, decide to amend the arbitrators’ assessment of their fees or of the costs in proportion to the effort expended, the nature of the dispute and the arbitrator’s expertise, and the judgment rendered on such request shall be final and not subject to challenge by any means of challenge.
No requests may be submitted to the court to reconsider the amount of the costs where there is an agreement determining them.
The arbitral tribunal may award the costs set out in the first paragraph of this Article, in whole or in part, against one of the parties.
Article 61
Copy of the Arbitral Award
The arbitral tribunal shall deliver to each of the parties a copy of the arbitral award within fifteen (15) days from the date on which it is rendered.
Article 62
Publication of the Arbitral Award
The arbitral award or any part thereof may not be published except with the written consent of all the parties.
Arbitration centres may publish parts of awards for academic and research purposes, without mentioning the parties’ particulars or anything that would enable them to be identified.
Chapter Nine – Correction and Interpretation of the Arbitral Award and the Additional Award
Article 63
Correction of the Arbitral Award
Any of the parties to the arbitration may, even after the expiry of the statutory or agreed time limit for rendering the award, request the arbitral tribunal to correct any clerical or arithmetical material errors in its award, provided that the request is submitted in writing within the fifteen (15) days following his receipt of the arbitral award; the tribunal may, of its own motion, undertake the correction within fifteen (15) days from the date on which the award is rendered.
The decision of correction shall be issued in writing by the arbitral tribunal within the thirty (30) days following the date of submission of the request for correction, and shall be served on the parties within thirty (30) days from the date of its issue; such decision shall be deemed an integral part of the arbitral award and shall be subject to its provisions.
Article 64
Interpretation of the Arbitral Award
Any of the parties to the arbitration may, even after the expiry of the statutory or agreed time limit for rendering the award, request the arbitral tribunal to interpret any ambiguity or uncertainty in the award, provided that the request is submitted in writing within the fifteen (15) days following his receipt of the arbitral award.
The arbitral tribunal shall issue the interpretation in writing within the thirty (30) days following the date of submission of the request for interpretation, and it shall be served on the parties within thirty (30) days from the date of its issue; the interpretation shall be deemed an integral part of the arbitral award and shall be subject to its provisions.
Article 65
Award on Omitted Claims
Any of the parties to the arbitration may, even after the expiry of the statutory or agreed time limit for rendering the award, request the arbitral tribunal to render an additional award on claims that were submitted during the proceedings but omitted by the arbitral award, provided that the request is submitted in writing within the fifteen (15) days following his receipt of the arbitral award.
The arbitral tribunal shall render its additional award within the thirty (30) days following the date of submission of the request for its rendering, and it shall be served on the parties within thirty (30) days from the date of its issue; the additional award shall be deemed an integral part of the arbitral award and shall be subject to its provisions.
Article 66
Impossibility of Convening the Arbitral Tribunal for Interpretation, Correction or an Additional Award
If it is not possible to convene the arbitral tribunal and the arbitral award was rendered in Kuwait, the matters set out in Articles (63), (64) and (65) shall fall within the jurisdiction of the competent court, and the judgment rendered on such matters shall be final and not subject to challenge by any means of challenge.
If an action for annulment of the arbitral award is filed, the court hearing the action for annulment shall have exclusive jurisdiction to correct any material errors in the award or to interpret it.
Chapter Ten – Force of Res Judicata of the Arbitral Award and Its Enforcement
Article 67
Deposit of the Arbitral Award and the File of the Arbitral Case
The arbitral tribunal, or whoever it assigns, shall deposit the original award or a signed copy thereof, together with a copy of the arbitration agreement (original, certified or approved electronic), and the file of the arbitral case with the registry of the court originally competent to hear the dispute within fifteen (15) days from the date on which the award is rendered, and the court clerk shall draw up a record of such deposit.
If it is not possible to submit the original arbitration agreement, a copy thereof contained in a notarised contract or recorded in the arbitral award itself shall suffice, together with the submission of a statement from the arbitral tribunal that the proceedings were conducted in the presence of the parties without objection on their part.
Article 68
Authority of Res Judicata
Awards rendered by the arbitral tribunal in accordance with this Law shall have the force of res judicata and shall be enforceable in accordance with the procedures established in this Law and in the aforementioned Civil and Commercial Procedure Law.
Article 69
Order for the Enforcement of the Arbitral Award
An arbitral award rendered in Kuwait shall not be enforceable except by an order issued by the President of the court originally competent to hear the dispute, or whoever acts in his place.
The request for enforcement shall include:
1- The original award or a signed copy thereof.
2- A copy of the arbitration agreement (original, certified or approved electronic).
3- A translation of the arbitral award into Arabic certified by an approved body, if the award was not rendered in Arabic.
4- A copy of the record evidencing the deposit of the award.
5- A statement as to whether an action for annulment has been filed in respect of the award.
Article 70
Conditions for the Enforcement of the Arbitral Award
The order for the enforcement of an arbitral award rendered in Kuwait shall not be issued except after verifying the following:
1. That it does not conflict with a court judgment or arbitral award previously rendered on the same subject matter of the dispute.
2. That it does not contain anything contrary to public order in the State of Kuwait.
3. That the arbitral award has been duly served and the period referred to in Article (75) of this Law has elapsed without an action for annulment being filed.
Article 71
Grievance Against the Order Issued for the Enforcement of the Arbitral Award or Refusing its Enforcement
A grievance against the order issued for the enforcement of the arbitral award or refusing its enforcement may be lodged before the Court of Appeal within thirty (30) days from the day following its service.
In such case, the court shall decide on the grievance, after joining the arbitration papers, within thirty (30) days from the date on which the grievance is filed, and the decision rendered on the grievance shall be final and not subject to challenge by any means of challenge.
Chapter Eleven – Challenging the Arbitral Award
Article 72
Means of Challenging the Arbitral Award
The arbitral award may not be challenged by any ordinary or extraordinary means of challenge, and a challenge against it shall be admissible only by way of an action for annulment in accordance with the provisions set out in this Law.
Article 73
Cases in which the Parties may File an Action for Annulment
Any interested party may file an action for annulment of arbitral awards rendered in accordance with this Law before the Court of Appeal, even if it was agreed otherwise before the award was rendered, in the following cases:
1. If there is no arbitration agreement, or if the arbitration agreement is null and void or has lapsed upon the expiry of its term.
2. If one of the parties to the arbitration agreement, at the time of its conclusion, lacked capacity or had limited capacity in accordance with the law governing his capacity.
3. If a fundamental nullity occurred in the proceedings that affected the award.
4. The arbitral tribunal’s exclusion of a legal rule that the parties expressly agreed to apply and its application of another rule in its place.
5. If the arbitral tribunal was constituted or the arbitrators were appointed in a manner contrary to the parties’ agreement and to the applicable procedural law, provided that the party filing the action for annulment objected thereto before the arbitral tribunal.
6. If the arbitral tribunal decided on a matter not covered by the arbitration agreement; where it is possible to separate the parts of the award that are subject to arbitration from the parts that are not, nullity shall attach only to the latter.
7. If it is established, after the award is rendered, that it was based on fraud or on forged documents that have been adjudged to be forged, or if, after it is rendered, documents decisive to the case appear that the opposing party had prevented from being submitted.
8. The other cases set out in this Law.
Article 74
Cases in which the Court Rules Annulment of its Own Motion
The Court of Appeal hearing an action for annulment of an arbitral award shall rule annulment of its own motion in the following cases:
a- If the award contains anything contrary to the public order of the State of Kuwait.
b- If the arbitration concerns matters in which settlement is not permitted.
c- If the award contains anything contrary to a judgment previously rendered between the parties on the same subject matter of the dispute that has acquired the authority of res judicata, whether issued by the State courts or by arbitration.
Article 75
Time Limit for Filing the Action for Annulment
The action for annulment shall be filed in accordance with the procedures for filing actions established in the Procedure Law, insofar as they do not conflict with the provisions of this Law, within thirty days from the date of service of the arbitral award in all the cases set out in Clauses (1) to (6) of Article (73); as for the case set out in Clause (7) of the same Article, the thirty-day time limit shall begin from the date on which the fraud is established, the documents are adjudged to be forged or the withheld decisive documents appear, as the case may be.
Article 76
Time Limit for Deciding the Action for Annulment
The Court of Appeal shall decide the action for annulment within a period not exceeding six months from the date on which it is filed, and the judgment rendered in the action shall be final and not subject to challenge by any means of challenge.
Article 77
Effect of Filing the Action for Annulment
The filing of an action for annulment shall not entail a stay of enforcement of the arbitral award; by way of exception, the Court of Appeal may order a stay of enforcement if the plaintiff so requests and the request is based on serious grounds; the court shall decide on the request for a stay of enforcement within thirty days from the date on which the request is submitted, and the judgment rendered on such request shall be final and not subject to challenge by any means of challenge.
If the Court of Appeal orders a stay of enforcement, it may order the party requesting the stay to provide security or a financial guarantee, and in such case it shall decide the action for annulment within ninety days from the date on which the order staying enforcement is issued.
Article 78
Effects of the Annulment of the Arbitral Award
A judgment annulling the arbitral award shall result in the extinction of that award in whole or in part, provided that the arbitration agreement shall remain in force in accordance with the provisions of this Law in respect of the part that has not been annulled, unless the annulment is based on the non-existence of the arbitration agreement itself, the lapse of its term, its nullity or the impossibility of its performance.
Article 79
Addressing the Merits of the Dispute upon a Judgment of Annulment
Taking into account the provision of Article 78 of this Law, if the Court of Appeal annuls the arbitral award, in whole or in part, it shall address the merits of the dispute and decide thereon.
Chapter Twelve – Institutional Arbitration
Article 80
Licence to Establish an Institutional Arbitration Centre
No institutional arbitration centre may be established except after obtaining a licence to that effect from the Competent Department at the Ministry of Justice.
A resolution shall be issued by the Minister of Justice regulating the grant of the aforementioned licence, specifying in particular:
– The conditions, rules and procedures for the grant of the licence.
– The term of the licence.
– The rules for renewal of the licence and the cases of its suspension and cancellation.
– The obligations of licensees.
– The fees prescribed for obtaining and renewing the licence and the cases of exemption from payment of such fees.
– The financial deposit required to be provided and the cases of exemption from providing such deposit.
– The controls for supervision of licensed centres.
Article 81
Decision on the Licence Application
The licence application shall be decided within sixty days from the date of its submission. If the decision is one of refusal, it shall be reasoned. The lapse of this period without a response shall be deemed an implicit refusal of the application.
A person whose application has been refused may file a grievance with the Minister of Justice within thirty days from the date of being notified of the decision, or from the date on which his application is deemed implicitly refused.
The Minister shall decide on the grievance within thirty days from the date of its submission. The lapse of this period without a response shall be deemed an implicit rejection of the grievance, and the decision on the grievance shall be final.
Article 82
Commencement of the Arbitration Centre’s Activity
A licensed arbitration centre may not carry on its activity except after the Ministry has approved each of the following:
a- The Centre’s rules of arbitration, conciliation and mediation.
b- The schedule of arbitrators’ fees and arbitration fees.
The Centre shall be entitled to amend its rules, provided that the amendments shall not be applied except after the Ministry’s approval.
Article 83
Obligations of the Arbitration Centre
A licensed arbitration centre shall:
1) Comply with the terms of the licence.
2) Provide secretaries for arbitration hearings.
3) Put in place the mechanism necessary for holding arbitration hearings, in person or virtually, including the provision of equipped rooms.
4) Take the service procedures in accordance with the agreement of the parties or the Centre’s rules, in a manner that ensures actual knowledge by the person served and safeguards the rights of defence.
5) Deposit the files of the arbitral awards rendered by arbitral tribunals with the court registry of the competent court, having regard to the principle of confidentiality of arbitration proceedings.
6) Prepare an annual report on the cases it has handled, accompanied by a copy of the arbitral awards without disclosing the identity of the parties to the dispute, and deposit them with the relevant authorities designated by the Minister of Justice.
Article 84
Liability of the Arbitration Centre
The arbitration centre shall be exempt from any civil liability arising from the fault or fraud of the arbitrator or the arbitral tribunal, and shall not be liable except for the obligations prescribed under this Law.
Nevertheless, the Centre’s liability shall remain if gross fault or fraud on its part is established in the performance of its obligations set out in Article (83) of this Law.
Article 85
Recourse to Ministry of Justice Experts
In addition to the experts registered with the arbitration centre, the Centre may have recourse to the experts of the Ministry of Justice in cases that so require, provided that one or all of the parties shall bear the expert fees as determined by the arbitral tribunal.
The fees of the expertise obtained from the Ministry of Justice shall be assessed in accordance with the legislation regulating the same.
Article 86
Assignment of the Licence
An institutional arbitration centre may not assign the licence granted to it under the provisions of this Law except after obtaining the written approval of the Competent Department at the Ministry of Justice, provided that the assignee meets the licensing requirements.
Chapter Thirteen – Judicial Arbitration
Article 87
Formation of the Judicial Arbitration Tribunal
One or more arbitral tribunals shall be formed at the seat of the Court of Appeal, composed of three judges and two arbitrators, each of the two parties to the dispute – even if they are several – choosing one of them from among the arbitrators entered in the rolls prepared for that purpose at the Arbitration Department, or from others.
The arbitral tribunal shall be presided over by the most senior of its judge members.
If either party to the arbitration fails to do so within the ten days following the request of the Competent Department for arbitration that it choose its arbitrator, the said Department shall appoint the arbitrator whose turn it is on the roll of arbitrators specialised in the subject matter of the dispute as a member of the tribunal.
The secretariat of the tribunal shall be undertaken by an employee of the Court of Appeal designated by the President of the Court, and the tribunal shall hold its hearings at the seat of the Court of Appeal or at another place designated by the President of the tribunal.
The judge arbitrators shall be appointed by a decision of the Supreme Judicial Council for a period of two years from the date of its issuance.
Article 88
Jurisdiction of the Judicial Arbitration Tribunal
The judicial arbitration tribunal shall have jurisdiction over the following matters:
1) Deciding the disputes that the parties agree to submit to it.
2) Deciding, exclusively, the disputes arising between ministries, government entities or public legal persons, on the one hand, and companies whose capital is wholly owned by the State, on the other, or between such companies.
Article 89
Request for Judicial Arbitration
The request for judicial arbitration shall be submitted to the Competent Department for arbitration, and that Department shall enter it in the special register on the day of its submission.
Article 90
Arbitrators’ Fees
The request for judicial arbitration shall be referred to the president of the arbitral tribunal within the three days following the choice of the remaining arbitrators, in order to assess the amount that each of the two parties to the arbitration shall deposit on account of the arbitration fees.
A resolution of the Minister of Justice shall be issued determining the arbitration fees and the rules for their deposit.
The Competent Department for arbitration shall request each of the two parties to the arbitration to deposit the amount it is required to deposit. If a party fails to do so within the said time limit, the Department shall notify the other party within the following five days, and the latter – should it wish to continue the arbitration proceedings – may deposit the required amount within the following ten days. If this time limit lapses without the amount being deposited by any of the parties, the Competent Department for arbitration shall refer the request for arbitration to the president of the arbitral tribunal to order that it be archived and that any amounts deposited by any of the parties on account of the arbitration fees be refunded.
Article 91
Procedure for Hearing Judicial Arbitration
The Competent Department for arbitration shall refer the request for judicial arbitration to the president of the arbitral tribunal within the three days following the deposit of the amount allocated for the fees of the chosen arbitrators, in order to fix a hearing for its examination. The Department shall serve the two parties with notice of that hearing and of the full composition of the tribunal within the following five days, and shall fix a time limit for them to submit their documents, memoranda and defences. Service shall be effected in accordance with the Civil and Commercial Procedure Law, unless the parties to the dispute agree otherwise.
Article 92
Determination of Preliminary Questions and Pleas
The judicial arbitration tribunal shall decide the preliminary questions that arise before it in the dispute and that fall within the jurisdiction of the civil or commercial courts, as well as the pleas relating to its lack of jurisdiction, including those based on the non-existence of an arbitration agreement, its lapse or nullity, or its not covering the subject matter of the dispute. These pleas shall be raised before addressing the merits; and the plea that the arbitration agreement does not cover the claims made by the other party during the hearing of the dispute shall be raised immediately upon their being made, failing which the right to raise it shall lapse. In all cases, the arbitral tribunal may accept a late plea if it considers that the delay in raising it was justified.
The arbitral tribunal shall decide the said pleas before deciding the merits, or join them to the merits so as to decide both together. The tribunal may also, before rendering the award terminating the proceedings:
a- Issue the awards and orders referred to in Article (46) of this Law.
b- Issue interim or precautionary awards.
c- Decide part of the claims.
Article 93
Decision on a Request to Challenge or Remove any Member of the Judicial Arbitration Tribunal
The Court of Cassation shall have jurisdiction to decide a request to challenge or remove any member of the judicial arbitration tribunal. The request to challenge shall be filed by a report deposited with the court registry of the Court of Cassation within five days from the date on which the challenging party was served with the composition of the arbitral tribunal, or from the date on which the ground for challenge arose, or from the date of his knowledge thereof if later. The submission of a request to challenge shall not result in a stay of the arbitration proceedings. If a judgment upholding the challenge is rendered, the arbitration proceedings already conducted, including the award of the arbitral tribunal, shall be deemed valid and shall produce their effects, unless the arbitral tribunal, after its reconstitution, decides otherwise by a reasoned decision if it finds that a procedure thereof prejudiced the rights of defence or the soundness of the composition. The judgment rejecting the request to challenge may not be challenged by any means of challenge.
Where a judgment is rendered upholding the challenge of any of the arbitrators, or where any of them is removed for any reason, his replacement shall be appointed by the same procedure followed upon his appointment.
Article 94
The Judicial Arbitral Award
The award of the arbitral tribunal shall be rendered within six months from the date on which the first arbitration hearing is held after the parties have been notified of the date of the hearing, and this time limit may be extended for a period of three months. The award of the arbitral tribunal shall be rendered by a majority of opinions and shall be pronounced at a public hearing of which the two parties to the arbitration shall be served with notice. It shall, in particular, contain a summary of the arbitration agreement, a summary of the parties’ statements and documents, the grounds of the award and its operative part, the date of its issuance, the place where it was rendered and the signatures of the arbitrators. The draft of the award containing those grounds, signed by the arbitrators, shall also be deposited upon its pronouncement. If one or more of the arbitrators refuses to sign the award, this shall be stated therein.
The award shall be valid if signed by a majority of the arbitrators, even if one or more of them has withdrawn or been removed after the case was reserved for judgment and the deliberation commenced in his presence.
The original of the award terminating the proceedings, together with the original of the arbitration agreement, shall be deposited with the court registry of the Court of Appeal within the five days following its issuance.
The award of the arbitral tribunal or parts thereof may not be published except with the consent of the two parties.
Article 95
Correction and Interpretation of the Judicial Arbitral Award and Decision on Omitted Claims
The judicial arbitration tribunal shall have jurisdiction to correct clerical or arithmetical material errors occurring in its award, and to interpret it if its operative part contains ambiguity or uncertainty. It shall also have jurisdiction to decide the substantive claims it omitted to decide, within the time limits prescribed in Articles (63, 64, 65) of this Law. If this is not possible, these matters shall fall within the jurisdiction of the court originally competent to hear the dispute.
If the arbitral award is appealed in cassation, the Court of Cassation alone shall have jurisdiction to correct any material errors it may contain or to interpret it.
Article 96
The Judicial Arbitral Award
Awards rendered by the judicial arbitration tribunal shall have the force of res judicata and shall be enforceable in accordance with the procedures prescribed in the aforementioned Civil and Commercial Procedure Law, after the executory formula has been affixed to the award by the court registry of the Court of Appeal.
Article 97
Appeal against the Judicial Arbitral Award
The award rendered by the judicial arbitration tribunal may be appealed in cassation, whatever the value of the dispute, in the following cases:
1. Violation of the law, or error in its application or interpretation.
2. If a nullity occurs in the award, or in the procedures, that affected the award.
3. If the arbitral tribunal decides contrary to a judgment previously rendered between the same parties that has acquired the authority of res judicata, whether rendered by the ordinary courts or by an arbitral tribunal.
4. If any of the grounds on which a petition for reconsideration may be filed is present.
The arbitral award rendered by the judicial arbitration tribunal may not be appealed by any other means of appeal.
Article 98
Procedure for Appeal against the Judicial Arbitral Award
Having regard to the provision of Article (130) of the aforementioned Civil and Commercial Procedure Law, the appeal against the judicial arbitral award shall be filed with the Court of Cassation in accordance with the procedures prescribed therefor in the said Law, within thirty days from the date on which the award of the judicial arbitration tribunal is rendered. Upon filing the appeal, the appellant shall deposit five hundred dinars as security.
Article 99
Judicial arbitration shall be governed by the provisions of this Law and the provisions of the aforementioned Civil and Commercial Procedure Law, insofar as they do not conflict with the provisions of this Chapter and the nature of judicial arbitration.
Chapter Fourteen – Penalties
Article 100
The Public Prosecution alone, to the exclusion of any other authority, shall have jurisdiction to investigate, dispose of and prosecute all the crimes set out in this Law.
Article 101
Without prejudice to any more severe penalty prescribed in any other law, the crimes set out in the following Articles shall be punished with the penalties prescribed therein.
Article 102
Any person who commits any of the following shall be punished with imprisonment for a term not exceeding one year and a fine of not less than three thousand dinars and not exceeding thirty thousand dinars, or either of these two penalties:
1- Establishes or manages an institutional arbitration centre without obtaining the licence provided for in Article (80) of this Law.
2- Carries on institutional arbitration activity before the approval of the rules provided for in Article (82), or during a period of suspension of the licence or after its cancellation.
3- Assigns the licence to a third party without obtaining the written approval provided for in Article (86).
4- Intentionally submits to the Competent Department incorrect data, information or documents in order to obtain or renew the licence, or for registration in the registers provided for in Article (107).
5- Impersonates an arbitrator registered in the registers of the Competent Department, or uses, other than in the licensed cases, the name “arbitration centre” or any expression liable to mislead the public into believing so.
The court may order the closure of the violating centre and the publication of a summary of the final judgment of conviction at the expense of the convicted person.
Article 103
Any person who commits any of the following shall be punished with imprisonment for a term not exceeding six months and a fine not exceeding ten thousand dinars, or either of these two penalties:
1- Discloses a secret of the arbitration proceedings that came to his knowledge by virtue of his work as an arbitrator, expert, secretary or employee of an arbitration centre or of the Competent Department, other than in the cases permitted by law, in violation of Article (40).
2- Publishes the arbitral award or part thereof without the written consent of all the parties, in violation of Article (62).
Article 104
The penalties set out in this Law shall be doubled in the event of recidivism.
Article 105
The person responsible for the actual management of the legal person shall be punished with the same penalty prescribed for the acts committed in violation of the provisions of this Law, if his knowledge thereof is established or if his breach of the duties imposed on him by such management contributed to the commission of the crime.
The legal person shall be jointly and severally liable for the payment of any fines and compensation awarded.
Chapter Fifteen – Final Provisions
Article 106
Affairs of Ad Hoc and Institutional Arbitration
The Competent Department for arbitration at the Ministry of Justice shall be in charge of the affairs of ad hoc and institutional arbitration.
Article 107
Functions of the Competent Department for Arbitration
The Competent Department for arbitration at the Ministry of Justice shall, in particular, have the following functions:
1. Establishing the registers of arbitrators.
2. Establishing the registers of arbitration centres.
3. Other functions specified by this Decree-Law.
4. The functions set out in the resolutions of the Minister of Justice issued in implementation of this Decree-Law.
Article 108
Organisation of the Competent Department for Arbitration
The Competent Department for arbitration at the Ministry of Justice shall be organised by a resolution of the Minister of Justice, provided that this resolution shall include, in particular, the rules, conditions and fees for the registration of arbitrators in the registers referred to in the preceding Article and for their removal therefrom.
Issued on 13 October 2026 and published in the Official Gazette Kuwait Al-Youm on 18 October 2026.