The relationship between the Kuwaiti National Court and commercial arbitration

This thesis examines how best Kuwait might reform its arbitration legislation to meet modern needs. Yet, the particular focus of the study is the relationship between the Kuwaiti national courts and commercial (voluntary) arbitration, with particular emphasis on how national courts can serve arbitration, and when the court should intervene in arbitration. On the one hand, the court provides valuable assistance and support to the arbitration by staying court proceedings, appointing arbitrators when required, and generally providing assistance in the conduct of the reference. Such support and assistance is very important to guarantee both the effectiveness and efficiency of the arbitral agreement, the arbitral process and the ultimate award. On the other hand, the court must have jurisdiction to intervene in the arbitral process and to scrutinise the award in order to ensure the fairness, integrity, legality and neutrality of the arbitral process. It is argued that court supervision of arbitration is the price that has to be paid for the support and assistance of the court to arbitration. This study is divided into two parts, the support given by the court to arbitration, and the control exercised by the court over arbitration. The arbitration agreement should also be closely examined in order to understand the relationship between the court and arbitration, as the arbitration agreement is the foundation stone of arbitration. These parts are divided into five chapters. Chapter one is an introductory chapter. It highlights generally the role of arbitration, the value of arbitration for foreign investors, the link between arbitration and trade and the importance of the relationship between the court and arbitration. It also introduces the arbitral system in Kuwait, the UNCITRAL Model Law on International Commercial Arbitration and the English Arbitration Act 1996. Chapter two is devoted to examining the most important aspects of the arbitration agreement. It is divided into four sections, namely, the definition and nature of arbitration and the arbitration agreement, the autonomous nature of the arbitration agreement, arbitrability and formality. Chapter three addresses the modes of assistance and support given by the court to arbitration. It is split into six sections as follow; the general principles of an Arbitration Act, enforcing an arbitration agreement, extending contractual time- bars, the constitution of the arbitral tribunal, the conduct of the arbitral proceedings and the enforcement of the arbitral award. Chapter four considers the judicial supervision of arbitration. It deals with judicial supervision over the arbitration agreement, the conduct of the arbitral tribunal and the arbitral award, while chapter five contains the conclusion of this thesis