Thesis Statement and Research Progress: Kuwait’s Judicial Arbitration Law
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Thesis Statement and Research Progress: Kuwait’s Judicial Arbitration Law
Even though the Kuwaiti Law Courts tend to honour people’s decision to arbitrate, recent judicial conclusions handed down by the Kuwaiti Cassation Court highlight a move away from conventional arbitration practice. Western societies prefer arbitration as a form of alternative dispute resolution because it reduces time and cost expenditures. Therefore, Kuwaiti courts establishing and maintaining a reputable arbitration system is essential in capturing foreign direct investment. The proposed study seeks to investigate executive lapses by Kuwaiti courts in the adoption of the Judicial Arbitration Law in state contracts. The report will expound on how well the Cassation courts have been able to transform arbitration following the introduction of the Judicial Arbitration law. The findings will highlight gaps in legislation impeding effective administrative practice in Kuwait’s arbitration process. With the increasing reliance on e-commerce and alternative means of economic growth, it is critical to ensure the power in arbitration courts is not being misused or manipulated to increase alignment of the domestic arbitration system with international standards.
Thesis Statement
While Kuwait has taken the steps to implement a new arbitration system, its lack of the estoppel concept and the contradictory practice of Kuwait’s cassation court highlight a lack of consistency and reliability, making the Cassation Courts ineffective in enforcing arbitrary agreements in state contracts.
Research Progress
Since the research report will follow a descriptive thesis statement, it will be critical to first provide a background to the legal problem, including its evolution. The paper will have to follow a series of steps, which are proposed as below:
- Overview of arbitration procedures in Kuwait (Cassation courts and Kuwaiti Civil and Commercial Procedures Law (KCCPL)).
- Cassation Courts in enforcing sovereignty of the state in arbitration
- Recent trends and practices in the Cassation Courts.
- Apparent authority and estoppel.
Proposed Sources
Aceris Law LLC. (2021, March 14). International arbitration in Kuwait. Aceris Law, https://www.acerislaw.com/international-arbitration-in-kuwait/
Al-Humaidi, H. M. (2014). Arbitration in Kuwait: Study of current practices and suggestions for improvements. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 6(1). https://ascelibrary.org/doi/10.1061/%28ASCE%29LA.1943-4170.0000128
Barakat, A. (2022, April 29). Kuwait: The Middle Eastern and African arbitration review. Global Arbitration Review, https://globalarbitrationreview.com/review/the-middle-eastern-and-african-arbitration-review/2022/article/kuwait