Enforcement of Arbitral Awards

Foreign arbitral awards are enforceable in Kuwait on the same terms and conditions as those set forth for enforcement of foreign judgments discussed above. Hence, the principal requirement is that of reciprocity. While enforcement of foreign judgments is difficult due to the lack of reciprocity, the enforcement of foreign arbitral awards is simpler. Reciprocity can be established in case of enforcement of arbitration awards as Kuwait has ratified the New York Convention on the Enforcement of Arbitration Awards by enacting Law No. 10 of 1998. Thus an award passed by a foreign arbitral tribunal may be enforced in Kuwait, provided the country where the award has been issued is also a member of the Convention.

The matter in dispute must be one that may be arbitrated according to Kuwaiti Law and does not contradict mandatory provisions or constitutes criminal conduct under Kuwaiti Law.