Understanding Foreign Arbitral Award Enforcement
The Enforcement of foreign arbitral awards in Kuwait requires certain strong commitments. It is crucial to understand the steps for enforcing these awards. This includes knowing the conditions for enforcement. It also involves recognizing the different types of awards. The correct way to handle them quickly is also important.
This process is carried out through the application of the Civil and Commercial Procedures Law. This law specifically applies to foreigners in the country.
Legal Framework for Foreign Arbitration
International arbitration has seen a period of development in Kuwait. A legal framework has been established for the Enforcement of foreign arbitral awards in Kuwait.
Law No. 38 of 1980
This law covers everything related to international arbitration. It stipulates all the conditions for arbitration. One of these conditions is that the arbitration agreement must be documented in a letter between the parties.
This agreement must include the subject of the dispute. This applies whether it is in arbitration or before the court in litigation. Article 173 of the law confirms that courts do not consider cases under arbitration. This is documented through a complete written agreement between the concerned parties.
Law No. 11 of 1995
This law concerns arbitration cases in both civil and commercial proceedings. Part of the Enforcement of foreign arbitral awards in Kuwait involves resolving disputes appropriately.
Judicial arbitration includes an arbitration panel. This panel is formed within the Court of Appeal. The committee consists of three judges and two arbitrators.
Judiciary’s Role in Supporting Foreign Arbitration
Judicial arbitration plays an important role. It provides easy opportunities for dispute resolution. It is a suitable alternative for settling disputes.
Validity of Arbitration Clauses
Many judgments have been issued. These judgments clarify the validity of arbitration clauses found in commercial agreements. They confirm the cooperation between internal bodies and international laws and agreements.
Approval of Awards
The Enforcement of foreign arbitral awards in Kuwait includes the approval of arbitration awards. It also limits the instances of appeal. However, there are some cases where an appeal is possible. For example, an appeal can be made if there is a violation of procedures.
Appeals can also occur in cases where there is a violation of laws. This can affect the arbitration awards. Many cases issued in Kuwaiti commercial courts confirm international arbitration awards.
Impact on Foreign Companies
The impact of these cases is evident on legal practitioners and companies.
International Agreements
Kuwait is one of the countries that participated in the New York Convention. This convention relates to international arbitration awards. Despite this, companies and some practitioners have faced difficulties. This is in the Enforcement of foreign arbitral awards in Kuwait.
Consistency Concerns
There is a difference among Kuwaiti courts in applying various international arbitration laws. This causes concern among practitioners and companies. This concern is about resolving disputes that arise between parties. Statistics show that practitioners in the field desire some amendments. Learn more about arbitration and various dispute settlements.
Steps for Enforcement of Foreign Arbitral Awards
The enforcement of a foreign award involves simple steps. These steps are carried out as follows.
Filing an Application
A lawsuit called an “exequatur” must be filed. This is directed to the Director of the Enforcement Department. This department varies depending on the type of foreign award. There are awards issued in personal status cases. There are also civil and commercial awards.
Documentation and Verification
The statement of claim must be written. It includes all the data related to the foreign award. This includes the foreign award number. It must be ensured that the foreign award is written with the executive formula. This formula belongs to the issuing country. This is one of the presumptions of enforceability.
Final Order and Enforcement
The executive award is issued by the foreign courts in Kuwait. This is done by endorsing the executive formula. This is final if there is no appeal. All parties to the dispute are informed of the executive formula of the award. If amicable enforcement is not achieved, compulsory enforcement is activated. This includes travel bans and the arrest and bringing of the non-compliant party. Learn the steps for enforcing judgments step-by-step through Dar Al-Tawajoh Law Firm. You can also contact them at 94959511 at any time.
Conditions for Applying Foreign Awards
There are certain conditions that must be met for the Enforcement of foreign arbitral awards in Kuwait.
Competent Authority
The award must be issued by a competent authority. The parties must be fully represented before the concerned court. The award must be issued by a legal authority. This authority derives its power from the law. This must be consistent with the court’s law. The award must not conflict with any other judgment.
Cases Where Foreign Arbitration is Not Allowed
These cases include the following.
Public Order Matters
Matters related to public order are excluded. This includes penalties and crimes. Personal status cases are also excluded. This includes divorce and marriage.
Non-Waiver Rights
Rights that cannot be waived are also excluded. This includes citizenship rights and political rights.
Examples of Foreign Arbitration Cases
Examples of cases involving the Enforcement of foreign arbitral awards in Kuwait include the following.
KMEFIC Case
A lawsuit was filed by KMEFIC. This is the Kuwait and Middle East Financial Investment Company. This lawsuit was against the Hashemite Kingdom of Jordan before the ICSID. It related to investment cases.
The dispute arose from the Kuwaiti company’s claim. It alleged unfair treatment. This caused harm to the company.
See also International Commercial Arbitration in Kuwait
See also Arbitration clause in contracts
Dar Al-Tawajoh’s Role in Enforcement
In the Enforcement of foreign arbitral awards in Kuwait, the specialized lawyer plays an important role.
Consultation and Documentation
They provide consultations to both individuals and companies. This is about the steps for enforcing the award. They submit the required applications and documents. They follow up on the procedures related to the enforcement cases.
Defense and Rights
They defend the clients. They ensure that the client receives their full rights.
Conclusion
We have covered everything related to the Enforcement of foreign arbitral awards in Kuwait. You can seek legal consultations from Dar Al-Tawajoh Law Firm. They have the best specialized lawyers in the field. All you have to do is call them at 94959511 at any time. You can also visit their website and seek their assistance at any time. The Enforcement of foreign arbitral awards is applied by the strongest specialized lawyers in the field. They have extensive experience.