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The development of international and domestic business
operations in the current century closely relates to the
increasing requirement of Arbitration as a way of
dispute settlement. The Commercial Reconciliation and
Arbitration System is considered as a favored procedure
than raising a case at the Court due to the relatively
quick decision taking and solution reached, less cost,
and the simplicity of procedure, besides keeping the
friendly relations between the parties concerned.
The Arbitration and Reconciliation laws of Kuwait are
explained here under three divisions:-
1. Civil and Commercial procedure Code, 1980
The Law Decree No.38 of 1980 promulgated the Civil and
Commercial procedure Code, 1980. It stipulates that the
Ministry of Justice may form one or more Arbitration
Panels to be held in the seat of the Court of First
Instance or in any other location to be specified by the
Chief of the Panel.
The presidency over the Panel shall be taken over by a
counsel or a Justice judge to be selected by the General
Assembly of the competent court , and its membership
duly comprise of two merchants or experts of other
specialized areas all of whom shall act as members and
to be selected from the rolls prepared for this said
purpose in accordance with the procedures and rules to
be issued under a resolution made by the Minister of
Justice.
The number of arbitrators in the Panel shall be
specified in the agreement of Arbitration or in any
separate agreement. The parties have the freedom to
choose their arbitrators. In case any dispute arise
regarding arbitrators or if any arbitrator abstain or
withdraw from Arbitration, the Court of jurisdiction
originally competent to hear the dispute shall appoint
the necessary number of arbitrators upon the request of
one litigant party, under the ordinary procedure of case
filing. The number of arbitrators appointed by the court
shall be equal to the number agreed upon between the
litigant parties or complementary thereto.
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