ADMINISTRATIVE GAPS IN KUWAIT’S JUDICIAL ARBITRATION LAW

Posted: November 8th, 2023

ADMINISTRATIVE GAPS IN KUWAIT’S JUDICIAL ARBITRATION LAW

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ADMINISTRATIVE GAPS IN KUWAIT’S JUDICIAL ARBITRATION LAW

Arbitration is a preferred form of alternative dispute resolution for settling differences, conflicts, discrepancies, and disputes in international business transactions. In international law, the dispute settlement mechanism contains the same authoritative power as a common judicial procedure. A third party oversees the binding determination of how to resolve a conflict in line with the rules and conditions set by the disputing parties. s. Kuwait’s Judicial Arbitration Law No. 2 of 1995 follows the rules and procedures determined by the New York Convention, and the country displays the intent to honour its international treaty commitments. However, the convention’s provisions have not been implemented fully, with Kuwait showing some reservations about becoming part of the global community. Even though Kuwait has made significant strides to enhance their arbitration system, numerous gaps that impede its effective alignment with international standards still exist, including[u1]  the lack of an estoppel concept and the inconsistencies in the enforcement of arbitration rewards, underpinning why further comparative review with external arbitration systems is required for future amendments.

Origins of Kuwaiti’s Administrative Arbitration Gaps

Roots of Arbitral Practice

Kuwait continues to display renewed but inconsistent commitment[u2]  to the application of arbitration as a dispute resolution alternative for commercial agreements. Kuwait passed its first Judicial Arbitration Law on 29 February 1995. The legislation covers the establishment of arbitration boards, types of conflicts that can be litigated, and steps for litigation[1]. While the 1995 enactment was a landmark ruling, the roots of the concept of judicial arbitration can be traced back to 1960 when Kuwait passed the Civil and Commercial Procedures Code (C.C.P.C.). The legislation allowed parties in a dispute to agree on the position that can be addressed through arbitration[2]. The Amiri Decree of 1959 already outlawed Sharia judges from acting as arbitrators, even if they do it willingly for free[3]. Article 246 of the C.C.P.C. provided the guidelines for which one or two arbitration committees can be founded before the Court of First Instance under the authority of the Chief Judge[4]. Members of the arbitration committee were merchants elected by the Chamber of Commerce and Industry. The strategy applied[u3]  in the formation of the arbitration committees was one of the initial issues in the Old Arbitration Law.

Arbitral committees[u4]  were not expansive enough to ensure proper representation or expertise for the diversity of commercial agreements. The new C.C.P.C. Law No. 198 of 1980 would repeal and replace the original approach to arbitration. The enactment was based on the realization that the arbitral committees needed to expand representations for disputing sides[5][6]. Including other professionals was necessary for Kuwaiti arbitration to serve different business fields and commercial contracts. Nevertheless, litigants would[u5]  often lament that the process was unsatisfactory because of the dominance of members selected for the arbitration committees[7]. The 1980 C.C.P.C. was the first time the law offered a remedy for a party’s failure to designate arbitrators[8][9]. Apart from technicalities, arbitration in Kuwait was equally stratified.

Kuwait’s initial approach sought to identify ways[u6]  for the Judicial Courts to participate in the Judicial Process, implying reduced enforceability of arbitral awards before their inclusion. There were four broad categories: optional arbitration, institutional arbitration, international arbitration, and judicial arbitration[10]. Optional arbitration involves the disputing parties including clauses in their commercial agreements in line with what they wish to achieve from the arbitration process[11]. Institutional arbitration entails certain organizations, such as insurance providers, being presented before the capital markets authority for arbitration[12]. Such an alternative has no opt-out option for the organizations. International arbitration refers to dispute resolution outside Kuwait, and that Kuwait has agreed to and recognized the foreign arbitral awards[13]. Important to note is that judicial arbitration is under the purview of the Ministry of Justice[14]. The categorization allows judicial courts to have a role in the enforceability of arbitral awards.

Kuwait’s Current Judicial Arbitration Law

The current Judicial Arbitration Law addressed some of the gaps in the Old Law, but full alignment with international [u7] standards is still wanting. Article 173 of the Procedures Law provides disputing sides the power to submit their claims on arbitral procedures, given that the disputing parties agree to the process in writing. If the disputing sides fail to include an arbitration clause in their contract, the Judicial Arbitration law becomes the default law for addressing the conflict[15]. Since Article 173 requires the arbitration clause to be in writing to be valid, it implies that an oral arbitration agreement is theoretically not recognized in Kuwait[16]. However, there are[u8]  limitations to the means applied to prove the existence of an arbitration agreement. For example, witness testimony is inapplicable under the provisions of Article 173[17]. Disputing parties that have viable proof of an arbitration agreement are transferred to the authority of the Arbitration Board of the Court of Appeal. The arbitration board is responsible for hearing disputes that do not exceed 500000 Kuwait Dinars[18].

There are limits to the procedures that the Judicial Arbitration[u9] [u10]  Law can facilitate. Kuwait’s Judicial Arbitration Law is designed to facilitate three specific procedures. The first is to permit the arbitral committee to exercise authority over commercial disputes that are submitted willingly by the conflicting parties[19]. Consent can be in the form of an arbitral clause in the commercial contract or a later submission seeking intervention from the arbitral tribunal[20]. The second procedure imposes authority over commercial disputes finalized after the implementation of the Judicial Arbitration Law. Al-Houti laments how the Judicial Arbitration Law failed to specify the arbitral agency to which cases that fit the second category are submitted[21]. The third procedure entails mandatory arbitral jurisdictions and involves claims between state-owned or state-governed entities. The third category is presented as strategic in reducing judiciary workloads in cases concerning public funds[22].

The Judicial Arbitration Law introduced new provisions for the formation of arbitral tribunals. Disputing parties are granted greater levels of autonomy to appoint members of the tribunal when they adopt ‘optional arbitration’. According to the law, the arbitration committee can be formed in three ways: (1) through direct nomination, (2) by transferring the nomination to a designated third party, (3) if conflicting sides agree to refer the case to the arbitration board that Kuwaiti courts create[23]. The case can be referred to the arbitration board if the parties know the Procedures Law’s provisions and guidelines. The Supreme Judiciary Council will appoint three judges and two arbitrators to act as members of the arbitral panel[24]. While the current arbitration law is clearer and more intentional than its predecessor, litigation numbers suggest a further need to strengthen the legislation.

Despite of the new arbitration[u11]  legislation, there has been a slow uptake of arbitration in Kuwait. The use of litigation to solve commercial disputes still exceeds the application of arbitration. The average number of cases solved through judicial arbitration is 4.5, which is lower than 0.5% of all cases addressed through local arbitration and litigation from 2006-2011[25]. The average number of disputes resolved through international arbitration was marginally better at 0.55%, the same as six cases within the five-year window[26]. Regarding litigation, the average numbers are high, suggesting that the Kuwaiti litigation process is efficient and effective. From 2006-2011, there were 1156 cases resolved through litigation[27]. The average time to finalize a case through litigation was 3-5 months, while the average time used to address judicial arbitration was 8.8 months[28]. The statistics highlight domestic and international parties prefer litigation over arbitration, despite its higher costs and risks. The number highlights the need to reinforce the Judicial Arbitration Law to make it more compelling and attractive to potential litigants.

The Enforceability Issue of Arbitral Awards

There are gaps in the C.C[u12] [u13] .P.C. based on its lack of differentiation between local and international arbitration. The legislation also does not provide a distinct definition of domestic and foreign arbitral awards. Barakat asserts that is the case in many countries as it provides flexibility to civil law[29]. However, the C.C.P.C. offers differences between local and international arbitral awards regarding enforcement and challenges. Article 200 of the C.C.P.C. outlines the seats of the arbitration and the location of issuance of the arbitral award[30]. Under Article 185 of the C.C.P.C., arbitral awards are to be enforced through submissions made with the President of the Court[31]. Official recognition by the clerk is required for the award to have the writ of execution.

There are firm rules [u14] governing the enforcement of arbitral awards, but what is lacking are the enforcement mechanisms. The enforcement of foreign arbitral awards in Kuwait is governed by provisions of Articles 199 and 200 of the C.C.P.C[32]. However, over time, the country has complied with the New York Convention’s 1958 Charter on recognizing and enforcing international arbitral awards. Article 199 of the C.C.P.C. states that the Kuwaiti courts will execute foreign awards if they satisfy the following conditions; (1) the issuing court affords reciprocal judgments for Kuwaiti courts, (2) the judgment was given by a competent court with competent jurisdiction, (3) disputing parties were well represented in the proceedings, (4) the decision is ‘res judicata, and (5) the judgment does not contradict any past rulings or Kuwaiti values and morals[33]. Parties with proof of an arbitration clause in their commercial agreements are sent before the Arbitration Board of the Court of Appeal[u15] , yet it is the Cassation Courts that are responsible for hearing and enforcing arbitral rewards.

The highest court in Kuwait, the Cassation Court, requires the claimant seeking the enforcement of foreign arbitral awards to produce particular documents. As per Article 4 of the New York Convention, the claimant must produce (1) the initial version of the arbitral award, (2) the original arbitration agreement, and (3) a copy of the two documents in Arabic[34]. Providing the Cassation courts with these documents creates the legal expectation that the arbitral award is executable. However, per Article 5 of the New York Convention, the other party with whom the arbitration request was made can challenge the award[35]. Proving a lack of proper judicial capacity, lack of proper notice on the selection of arbitrators, and breach of the initial arbitration agreement are some of the grounds that can be used to challenge the enforceability of a foreign arbitral award.

Administrative Gaps in Kuwait’s Judicial Arbitration Law

The Flawed Constitution of Arbitral Committees

The provisions for the constitution of the arbitral tribunal are flawed and designed to always favour the majority. The Judicial Arbitration Law sets a fixed limit for the number of individuals appointed to an arbitration board[36]. According to Rahman, the restriction does not align with western arbitration because it fails to account for disputes that involve more than two parties. The author quotes, “providing for a fixed number of arbitrators not only produces an unbalanced formation of the arbitral panel, it also fails to account for multiparty disputes.”[37] Important to note is that the Kuwaiti arbitral panel consists of three male judges and two arbitrators. All are male and vetted by the Supreme Judiciary Council[38]. Foremost, there is the argument that structuring the arbitral panel is sexist, given that no woman is appointed to the posts. An evident administrative issue is that the panel does not prioritize gender inclusivity and equality, which might not go well with foreign parties seeking to enter into arbitration agreements with Kuwaiti business parties.

            There is also the argument that the structuring of the arbitral panel is designed to maintain the status quo. Two arbitrators are appointed, each by one of the litigants[39]. However, the arbitration panel comprises three arbitrators. Disputing parties will experience a significant amount of conflict and misunderstandings in the selection of the third arbitrator. Even with the successful appointment of one, the imbalance in number (odd) implies arbitral decisions will serve the majority. Unfortunately for such an administrative hybrid system, there is the reduced ability to cater to multiparty conflicts[40]. For example, if a case entails one side with several participants, the room to select one arbitrator assumes that all the participants share the same interests. Not all people forming one side of a dispute share the same objectives[41]. How Kuwait approaches the formation of arbitral committees is slightly archaic and two-dimensional. The structuring can dissuade foreign entities from forming public-private partnerships with the government to push them into adopting more liberal ideals.

            The rules for arbitrators are quite rigid and taxing, discouraging professionals from taking the role. The Kuwaiti courts have the authority to appoint arbitrators when parties fail to select one. Under Article 178 of the Procedures Law, an arbitrator must accept his appointment in writing, from which they cannot resign without good cause or shall be liable to the disputing parties for damages[42]. Such stringent provisions will make particular practitioners rethink agreeing to act as an arbitrator under Kuwaiti law. Foreign professionals, such as accountants and auditors, will think twice before mediating Kuwaiti commercial disputes due to the potential of liability. The barrier to arbitral representation might persuade some people to consider Kuwait’s arbitration to be flawed, especially for external participants in commercial conflicts[43]. The constitution of the arbitral committee is one reason why the Judicial Arbitration law is criticized for having been designed for purely domestic arbitration alone.

Declining State Sovereign Immunity in the Enforcement of Arbitral Awards

            There are concerns over state sovereign immunity in commercial contracts between the government and external private partners. The underlying principle in Kuwaiti practice is that administrative agreements should be enforced under Kuwaiti laws[44]. Kuwaiti courts benefit from exclusive jurisdiction in disputes concerning public-private partnerships (P.P.P.). Government agencies also have the right to select arbitration as the dispute resolution mechanism[45]. Agreements with foreign parties will require the government to agree to implementation outside of Kuwait, meaning the acceptance of international arbitration. The fact that P.P.P.s fall under international arbitration raises concerns over the sovereign immunity of government entities under Kuwaiti law. When it comes to the enforcement of immunity, it is unclear whether[u16]  the government agencies benefit from an immunity from jurisdiction or an immunity from execution. The government could be actively engaged in a commercial transaction that is executed outside of Kuwait. However, the assets used benefit from state sovereign immunity, meaning arbitral awards cannot be enforced on the assets unless a special law exists. The approach discourages investors from establishing P.P.P.s or using Kuwaiti arbitration in P.P.P.s.

            In another concern regarding state sovereign immunity, the Judicial Arbitration Law does not prevent government agencies from being sued in P.P.P. transactions. Private investors can use the Kuwaiti courts to initiate arbitration claims against government institutions[46]. However, even if a government agency is successfully sued, the private investor cannot attach public assets to the claim[47]. The investor cannot request the government institution to employ public resources to settle a private transaction. There is the possibility that a private investor can attach public assets in an arbitral claim if the public resources are located outside Kuwait[48]. If the public assets are within Kuwait, private investors will be cautious about the Kuwait government’s ability, intent, and commitment to honour their obligations[49]. Such a scenario also discourages the formation of P.P.P.s. State commercial activities will be perceived as non-transparent and politically motivated instead of capitalistic.

Lack of Empowerment of Kuwaiti Arbitration Regulatory Institutions

One of the biggest concerns regarding Judicial Arbitration Law is its failure to assign a leading institution to act as an arbitration agency. The lack of a central institution does not satisfy the needs of international parties because there is doubt that the process is efficient and transparent[50]. The lack of a central institution also implies that the arbitration cases are not conducted in English, which presents a language barrier for foreigners. The Kuwaiti Commercial Arbitration Center (K.C.A.C.) has made significant efforts to raise awareness about arbitration since its formation in 1999[51]. The institution’s operations mainly center on the provision of an efficient arbitration procedure. However, the institution has no formal authority to conduct or enforce arbitral agreements. The K.C.A.C. framework is more aligned with the UNCITRAL Arbitration Rules. Still, with minimal support and limited resources for international parties, K.C.A.C. often fails to abide by international standards or meet the needs of external parties[52]. Kuwait needs to centralize the arbitration of commercial disputes to reduce the judicial workload while improving transparency and consistency in meeting international arbitration standards.

Decline in Confidentiality in Kuwaiti Administrative Institutions

Foreign parties might be cautious in initiating arbitration in Kuwaiti courts because of the lack of guarantees regarding party privacy and confidentiality. Even though the Judicial Arbitration Law restricts the publication of arbitration awards, there are no specific provisions for discretion. Administrative institutions have the freedom to publicize arbitral awards, which can dissuade foreign parties from using the conflict resolution approach. As per article 7, “the arbitral award (in whole or part) shall not be published without the explicit consent of the two disputing parties[53]. The legal provision was placed as a sign of recognition and respect for disputants. However, the provision conflicts with other statements provided in Article 7. According to the statute, arbitral awards are to be announced in open sessions[54]. The statement implies that arbitral awards have to be publicized to a given extent. The individuals, parties, or entities open to receive the publication of the arbitral awards are not mentioned. Kuwait needs to specify if arbitral awards are to be publicized, to which extent, and which type of disputes are subject to this information release.

Article 702 as a Constraint to Enforceability of the Arbitration Law

The Judicial Arbitration Law is proof of Kuwait’s intentions to honour arbitral arrangements. Kuwaiti courts often reduce their jurisdiction to judge disputes with arbitration clauses[55]. However, litigants can attempt to prevent arbitration by raising concerns about the nullity of the arbitration arrangements using Article 702 of the Kuwaiti Civil Code. According to the legislation, “There must be a special mandate for every disposition which is not an act of management, particularly for donations, sale, composition, mortgage, admission, and arbitration, as well for making an oath and representation before Court.”[56] The wordings in Article 702 highlight that a special mandate is required to bind an organization to arbitration. Any disputing party wanting to prohibit the initiation of arbitration can employ Article 702 to argue against the lack of a special mandate[57]. There are instances where the Kuwaiti Cassation courts have held Article 702, meaning an alleged deficiency in the establishment of arbitration arrangements. The Judicial Arbitration Law needs to include provisions that project liabilities to parties who use Article 702 improperly, such as delaying the initiation of arbitration.

The Matter of Non-Signatories in the Enforcement of Agreements

            Despite the difficult identification of suitable parties to an arbitration agreement, there is the additional issue of whether arbitration agreements should bind non-signatories. Kuwait’s Judicial Arbitration Law is ambiguous on the matter and leaves it unanswered. If an arbitration clause involves non-signatories, the entities become ‘ipso facto‘, which is binding[58]. Important to note is that a literal translation of ‘ipso facto’ contradicts the fundamental principles of arbitration and erodes the privity of the contract. The Judicial Arbitration Law does not outline whether consent is required for non-signatories to become bound to an arbitration arrangement. The legislation also does not state under which principles the non-signatories are compelled to arbitrate. Including non-signatories in arbitration arrangements is essential in making the process more open and flexible for the litigants. Non-signatories can act as local representatives when the litigant is not within the country where the arbitration is being conducted.

Absence of The Estoppel Concept in the Enforcement of Arbitral Awards

The Judicial Arbitration Law does not provide assurance on the concept of estoppel. The legal principle refers to a promise that is enforceable by law, oral or written, and can be made without formal considerations[59]. The ‘promisee’ can rely on the ‘promisor’ to realize the promise because of estoppel. The concept is normally applied to prevent the promisor from arguing that the initial arrangements cannot be legally upheld[60]. Western nations, including the United Kingdom and the United States, apply the principle of promissory estoppel as a component of contract law[61]. Kuwait does not provide such provisions. Instead, it includes separate rules on the finalization of arbitration arrangements and guidelines for disputing parties to act in good faith[62]. While such rules mirror some of the features of the estoppel concept, they can be perceived as weaker, which provides leeway for parties to walk away from their initial promises.

            The lack of an explicit estoppel concept provides the Cassation Courts with room to be inconsistent and contradictory at times. For instance, there are cases where the court nullified the original arbitration agreement because there was no special authorization in line with Article 702 of the Kuwaiti Civil Code[63]. On the other hand, the Cassation court has relied on the concepts of subsequent approval and apparent authority to assess and confirm the validity of original arbitration arrangements[64]. The need to integrate the estoppel concept into the Judicial Arbitration law confers another duty: confirming the applicability of subsequent approval and apparent authority in the making of arbitral promises. The law must be clear on who has the authority to make binding promises with regard to representation.

            Apparent authority is a lacking concept, meaning Kuwait’s administration has a reduced capacity to maintain the stability of arbitration arrangements, including legal positions. The concept applies when an entity or agent acts on behalf of a claimant without confirming the necessary authorization[65]. The apparent authority also applies when an agent acts in a way that exceeds their mandate. The Cassation Courts have confirmed severally, such as Case No. 489 of 2000 of 2002, that apparent authority is applicable if certain conditions are met[66]. The Judicial Arbitration Law should confirm the use of apparent authority in wording, including the conditions that need to be met. On the other hand, subsequent approval refers to the ratification of arrangements implemented without authorization under law[67]. Suppose an agent of a Kuwaiti organization enters into a binding arrangement with a third party without the company’s express approval, and the organization approves the arrangements later on. In that case, the arbitration agreement will be considered valid[68]. Kuwait has to confirm the specifics of apparent authority and subsequent approval if it is to implement the estoppel concept.

Administrative Gap Related to Credit Card Contracts

The Judicial Arbitration Law does not stipulate whether arbitration clauses for credit card contracts between the credit provider and card holders are enforceable. With the increase in globalization, it is to be anticipated that some of the business transactions involving domestic and foreign investors will be credit based. Kuwaiti courts should anticipate dealing with disputes revolving around credit. According to Article 173 of the C.C.P.C., the courts have no jurisdiction over disputes where there is a previously written arbitration agreement[69]. Credit cards are perceived as pre-dispute mandatory arbitration arrangements because they have guidelines for repayments and interests[70]. The user agrees to particular terms and conditions with the same powers as a written arbitration agreement. In the United States, article 15 U.S.C.S. § 1679(c) gives the consumer the right to sue credit card companies or the issuing bank for waivers of the arbitration arrangements are enforceable[71]. Such a ruling can be seen in CompuCredit Corp. V. Greenwood, at 673[72].

There is the possibility of integrating mandatory arbitration clauses in Kuwaiti transactions that involve the credit card industry. The legislation should include provisions for issuer banks to include explicit mandatory arbitration clauses for credit card arrangements. Kuwaiti banks should have arbitration as a viable option for conflicts involving credit cards and loans instead of litigation. Bank litigation comprises most cases listened to from 2006-2011[73]. Kuwait can rely on the provisions of the C.C.P.C., article 173, to enforce mandatory written clauses. It is only fair to provide banks with a way to use arbitration for credit arrangements to reduce the immense operational expenses associated with litigation[74]. Arbitration is more flexible, incentivizing issuer banks to offer more credit in Kuwait. Introducing mandatory clauses for credit cards is strategic in enhancing e-commerce in Kuwait.

Conclusion

The Judicial Arbitration Law promises to improve the efficiency and effectiveness of arbitration as an alternative dispute resolution process in Kuwait. The law exhibits an increased alignment with international standards, including the New York Convention on Arbitration and the EU’s UNCITRAL model. However, enacting the new law does not automatically address all the gaps present in Kuwait’s arbitration framework. Recent judicial rulings highlight inconsistencies in the application of arbitral rules and awards. There are concerns regarding the arbitral committees as their structuring favours the status quo and does not foster gender equality. The rules of arbitral committees are equally strict, discouraging professionals from acting as mediators. Professional participation is essential in guaranteeing fairness in arbitral awards. There is also concern over state sovereignty in cross-border transactions. Kuwait might not be able to effectively protect its public assets from foreign litigation, while foreign litigants might be cautious of Kuwait committing its public assets to pay off arbitral awards.  

Regarding the application and expansion of Kuwaiti arbitration, the judicial arbitration law is not fully accommodating. Article 702 of the Kuwaiti Civil Code can be applied to prohibit and delay the initiation of arbitration. If litigants are absent, the judicial law does not clarify the validity of non-signatories. Enhancing the validity of representation in arbitration requires Kuwaiti law to clarify the application of the estoppel concept, which in turn mandates clarification of apparent authority and subsequent approval. Another issue identified is Kuwait’s failure to include arbitration in credit card disputes despite the immense growth of e-commerce in the country. Local and foreign litigants are spending a lot of money in litigation when the cases can be solved through arbitration. Lastly, Kuwaiti courts need to centralize the regulation of arbitration by forming or assigning authority to a distinct institution. Currently, arbitration is fragmented across several institutions, creating bureaucratic barriers in enforcing arbitral awards. Kuwait is definitely moving in the right direction regarding arbitration, but several changes have to made to enhance the quality and reliability of the process in line with international standards.

Bibliography

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[1] El-Faith Osman E. “Kuwait: Arbitration under the Auspices of the New Judicial Arbitration Law.” 192.

[2] Id.

[3] El-Faith Osman E. “Kuwait: Arbitration under the Auspices of the New Judicial Arbitration Law.” 192.

[4] Id.

[5] Avocat Samdani, “Arbitration and its Roots in the State of Kuwait.” Journal of Psychology and Clinical Psychiatry, vol. 12, no. 1, (2021), 1.

[6] El-Faith Osman E. “Kuwait: Arbitration under the Auspices of the New Judicial Arbitration Law.” 192.

[7] Id.

[8] Avocat Samdani, “Arbitration and its Roots in the State of Kuwait.” Journal of Psychology and Clinical Psychiatry, vol. 12, no. 1, (2021), 1.

[9] Id.

[10]Saad Badah. “The Enforcement of Foreign Arbitral Awards in Kuwait.” Acta Juridica Hungarica, vol. 55, no. 3, (2014), 290.

[11] Id, 291.

[12] Id.

[13] Saad Badah. “The Enforcement of Foreign Arbitral Awards in Kuwait.” Acta Juridica Hungarica, vol. 55, no. 3, (2014), 290.

[14] Id.

[15]Aceris Law LLC. “International arbitration in Kuwait.” Aceris Law, (2021).

[16]Al Houti, Dalal. “Arbitration in Kuwait: Time for Reform” Tamimi, (2015).

[17] Id.

[18] Id.

[19] Aceris Law LLC. “International arbitration in Kuwait.” Aceris Law, (2021).

[20] Saad Badah. “The Enforcement of Foreign Arbitral Awards in Kuwait.” Acta Juridica Hungarica, vol. 55, no. 3, (2014), 290.

[21] Al Houti, Dalal. “Arbitration in Kuwait: Time for Reform” Tamimi, (2015).

[22] Id.

[23] Id.

[24] Id.

[25]Al-Humaidi, H. M. “Arbitration in Kuwait: Study of current practices and suggestions for improvements.” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 6, no. 1, (2014). (https://ascelibrary.org/doi/epdf/10.1061/%28ASCE%29LA.1943-4170.0000128)

[26] Al-Humaidi, H. M. “Arbitration in Kuwait: Study of current practices and suggestions for improvements.” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 6, no. 1, (2014).

[27] Id.

[28] Id.

[29]Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022). (https://globalarbitrationreview.com/review/the-middle-eastern-and-african-arbitration-review/2022/article/kuwait)

[30] Al Houti, Dalal. “Arbitration in Kuwait: Time for Reform” Tamimi, (2015).

[31] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[32] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[33] Id.

[34] Al Houti, Dalal. “Arbitration in Kuwait: Time for Reform” Tamimi, (2015).

[35] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[36]Areej Hamada Rahman. “The Current Arbitration law scene in Kuwait.” The Monthly Lawyer, 1 October 2019, (https://www.lawyer-monthly.com/2019/10/the-current-arbitration-law-scene-in-kuwait/ )

[37] Id.

[38] Id.

[39] Al Houti, Dalal. “Arbitration in Kuwait: Time for Reform” Tamimi, (2015).

[40] Areej Hamada Rahman. “The Current Arbitration law scene in Kuwait.” The Monthly Lawyer, (1 October 2019).

[41] Id.

[42] Aceris Law LLC. “International arbitration in Kuwait.” Aceris Law, 2021.

[43] Id.

[44] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[45] Id.

[46] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[47] Shu Shang and Wei Shen. “When the State Sovereign Immunity Rule Meets Sovereign Wealth Funds in the Post Financial Crisis Era. Is There a Black Hole in International Law?’ Leiden Journal of International Law, vol. 31, no. 4, (2018).

[48] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[49]Shu Shang and Wei Shen. “When the State Sovereign Immunity Rule Meets Sovereign Wealth Funds in the Post Financial Crisis Era. Is There a Black Hole in International Law?’ Leiden Journal of International Law, vol. 31, no. 4, (2018).

[50] Aceris Law LLC. “International arbitration in Kuwait.” Aceris Law, 2021.

[51] Id.

[52] Id.

[53] Areej Hamada Rahman. “The Current Arbitration law scene in Kuwait.” The Monthly Lawyer, (1 October 2019).

[54] Areej Hamada Rahman. “The Current Arbitration law scene in Kuwait.” The Monthly Lawyer, (1 October 2019).

[55] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[56] Id.

[57] Id.

[58]Karim Youssef. “Consent in Context: Fulfilling the Promise of International Arbitration: Multiparty, Multi-Contracts and Non-Contracts Arbitration. (Thomson Reuters, 2012), 21.

[59]Sanjay Rawat. “Doctrine of Estoppel in Contract Law.” Social Laws Today, 24 Jan. 2022, (https://sociallawstoday.com/doctrine-of-estoppel-in-contract-law/)

[60] Id.

[61] Id.

[62] Sanjay Rawat. “Doctrine of Estoppel in Contract Law.” Social Laws Today, 24 Jan. 2022, (https://sociallawstoday.com/doctrine-of-estoppel-in-contract-law/)

[63] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[64] Id.

[65]Kevin Manship. “Contract Formation: Authority.” Knowledge Hub for Growth, 25 Nov. 2021, (https://harperjames.co.uk/article/contract-formation-authority/)

[66] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[67] Kevin Manship. “Contract Formation: Authority.” Knowledge Hub for Growth, 25 Nov. 2021, (https://harperjames.co.uk/article/contract-formation-authority/)

[68] Ahmed Barakat. “Kuwait: The Middle Eastern and African arbitration review.” Global Arbitration Review, (2022).

[69]Ali Falah Alhusainan. “The Legality and Equity of Pre-Dispute Mandatory Arbitration Clauses in the Credit Card Contracts under the Current Kuwaiti Arbitration Law: A Comparative Analytical Study.” Journal of Legal, Ethical and Regulatory Issues, vol. 24, no. 5, (2021).

[70] Id.

[71] Id.

[72] Id.

[73] Al-Humaidi, H. M. “Arbitration in Kuwait: Study of current practices and suggestions for improvements.” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 6, no. 1, (2014). (https://ascelibrary.org/doi/epdf/10.1061/%28ASCE%29LA.1943-4170.0000128)

[74] Ali Falah Alhusainan. “The Legality and Equity of Pre-Dispute Mandatory Arbitration Clauses in the Credit Card Contracts under the Current Kuwaiti Arbitration Law: A Comparative Analytical Study.” Journal of Legal, Ethical and Regulatory Issues, vol. 24, no. 5, (2021).

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 [u1]Change in thesis to make it more argumentative and administrative-focused

 [u2]Opening for the administrative gaps in Kuwait’s history of arbittration

 [u3]Clarification on the administrative issue

 [u4]Focusing on arbitral committees as part of the administrative board

 [u5]Problem with the arbitral committee

 [u6]Opening argument that is administration-oriented

 [u7]Opening argument that is administration-oriented

 [u8]Enforcement issue in the current arbitration law

 [u9]

 [u10]Opening argument that is administration-oriented

 [u11]Opening argument that is administration-oriented

 [u12]

 [u13]Opening argument that is administration-oriented

 [u14]Opening argument that is administration-oriented

 [u15]Further clarification of the opening issue

 [u16]Further issue elaboration