Arbitration and Legal Consultations

Working With Us, Step by Step

1. Booking and understanding the matter: Our relationship starts with booking a consultation, at our office. At this stage we listen to the facts as you see them and work with you to identify the real legal question you need answered, whether that is an opinion on a contract before you sign it, an assessment of an existing dispute, or a review of your position before responding to a claim you have received. It helps to bring whatever papers you have to the first meeting, as this saves time and makes the advice more precise.
2. Reviewing the documents: We ask for the contracts, correspondence, invoices and any other relevant papers, and we read them in full rather than selectively, because a legal opinion is not built on one party's account but on what the documents prove and what can be proven before whoever decides the dispute. If your file is missing a document that matters, we tell you so and suggest how to obtain it before any step is taken.
3. A written legal opinion where needed: Where the matter calls for it, we prepare a written legal opinion setting out the facts, the legal characterisation, the options available and the risks of each, so that it serves as a reference for your decision or something you can present to your partners or board. We make sure the opinion is candid about weaknesses as well as strengths, because a sound decision rests on the full picture, not on reassurance that the documents do not support.
4. Examining the arbitration clause or agreement: If the dispute is subject to arbitration, we start with the clause itself: Is it written and clear? Does it cover the subject of the dispute? Does it specify the arbitral institution, seat, language and procedural rules? And is the matter one that can be arbitrated at all? Many disputes are effectively decided at this point.
5. Constituting the tribunal, submissions and hearings: We help you choose the arbitrator or arbitrators in line with the clause or agreement, prepare the request for arbitration or the response to it, along with the briefs, documents and witnesses, represent you at hearings, and monitor the tribunal's compliance with the agreed procedure and with both parties' right of defence. Throughout the proceedings we also stay alert to settlement opportunities where they serve your interests, without letting that hold up the arbitration.
6. The award and what follows: Once the award is issued, we go through its operative part and reasoning with you. If it is in your favour, we seek an enforcement order from the competent judicial authority and follow up on enforcement; if it is against you, we assess whether grounds exist to challenge it by an annulment action as the law permits.

When to Choose Arbitration, and When You Need Legal Advice

• Before signing a major supply or construction contract: You need advice on whether arbitration suits this particular contract better than the courts, and which institution, seat and language fit the other party's profile.
• When contracting with a foreign party: Where your potential opponent is outside Kuwait, an arbitral award may be easier to enforce across borders than a national court judgment, and this deserves an advance assessment of the country where the other party's assets are located.
• In complex technical disputes: Such as construction, IT or accounting disputes, where it helps to choose an arbitrator who understands the technical side rather than relying entirely on expert reports, and the proceedings can be agreed to run in the language of the contract itself.
• In disputes between partners: Where the company's articles or a shareholders' agreement contain an arbitration clause and you want to know whether it obliges you to arbitrate before filing any lawsuit.
• When you receive notice that arbitration has been started against you: You need urgent advice to understand what is required of you, appoint your arbitrator if the clause gives you that right, and avoid missing any procedural step.
• When a dispute already exists and there is no arbitration clause: The parties can agree to arbitrate after the dispute arises through a submission agreement, and advice here determines whether that is in your interest or whether the courts are the better route.
• When an award is issued that you believe is flawed: You need an opinion on whether it can be challenged by annulment, the possible grounds, and the effect on enforcement, bearing in mind that the time limits for an annulment action leave no room for delay.
• In matters that cannot be arbitrated: Such as personal status matters and matters of public order; here you need advice that directs you to the correct court route instead of wasting time on a procedure that may be declared void.

Documents to Bring to Your Consultation

• The contract in dispute or the one you intend to sign, with all its annexes, amendments and any change orders.
• Any standalone arbitration agreement, or the correspondence containing the agreement to arbitrate if it is not in the contract.
• Correspondence exchanged with the other party: emails, formal letters, meeting minutes and relevant messages, arranged in chronological order as far as possible.
• Invoices, payment receipts and account statements showing what has been paid and what is owed.
• Notices or warnings sent or received, with proof of the date they were sent or received.
• The commercial registration, memorandum of association, and proof of the capacity and signing authority of whoever represents the company.
• If arbitration has started: the request for arbitration, the response, the tribunal's decisions, hearing minutes and any earlier submissions.
• If an award has been issued: a complete copy, and proof of the date you were served with it or received it.
• Any technical or accounting reports, photographs or inspection records relating to the dispute, and the names of anyone who can testify to the key facts.
• A short written summary of the sequence of events from your perspective, and what you want to achieve from the consultation or the dispute.

Frequently Asked Questions

What is the difference between arbitration and filing a lawsuit in court?

Arbitration is a consensual route in which the parties choose who decides their dispute and how, while the courts are the default route whose procedures and judges are set by the state. Arbitration can only be used on the basis of an agreement evidenced in writing, whether it appears as a clause in the contract before the dispute or as a submission agreement after it arises. Kuwait regulates consensual arbitration in a dedicated chapter of the Civil and Commercial Procedure Law No. 38 of 1980.

Is an arbitral award binding like a court judgment?

Yes. An arbitral award binds both parties and has res judicata effect on what it decides, but it cannot be enforced compulsorily until an enforcement order is issued by the competent judicial authority. As a general rule, an arbitral award is not open to appeal unless the parties have agreed otherwise, which usually brings it to finality faster than ordinary litigation.

Can an arbitral award be challenged?

An action to annul an arbitral award may be brought in specific cases set out by law, such as where it was issued without a valid arbitration agreement, exceeded the scope of the agreement, or suffered from a procedural defect that affected the award. An annulment action is not a rehearing of the merits but a review of the soundness of the award and its procedure, and it has time limits that must be observed precisely. For more detail, see our guide on annulment and enforcement of arbitral awards.

Is arbitration really confidential?

Arbitration hearings are not held in public and awards are not published the way court judgments are, which is an important advantage for companies and family businesses. Confidentiality is stronger, however, when it is expressly provided for in the arbitration agreement or the chosen institution's rules, especially if the matter later has to go to court for enforcement or an annulment action.

What determines the cost of arbitration?

Cost depends on several factors: the amount in dispute, the number of arbitrators, whether the arbitration is institutional before a centre with a fee schedule or ad hoc, the complexity of the case and its need for experts, and the number of hearings. That is why we discuss these factors with you at the start of the consultation, so you can clearly compare the cost of arbitration with the cost of litigation in your specific case, and we explain in advance what costs may be awarded against the losing party depending on what the parties agree or the tribunal decides.

What is judicial arbitration, and how does it differ from consensual arbitration?

Judicial arbitration is a Kuwaiti system governed by Law No. 11 of 1995, in which disputes are decided by panels made up of judges and arbitrators chosen by the parties, operating within the judicial framework. In consensual arbitration, the parties choose the arbitrators and the procedure with greater freedom. Which one to use depends on the nature of the dispute and the parties, and it is something we consider with you before starting.

Is an oral consultation enough, or do I need a written opinion?

An oral consultation is usually enough to clarify your position and decide the next step in straightforward matters. But where a major financial decision is involved, where you will present the opinion to partners or an administrative body, or where you want to keep it for reference, a written opinion is more suitable because it records precisely the facts it was based on and its limits. In both cases the consultation remains confidential, and we do not disclose its content to anyone without your consent.

Can a foreign arbitral award be enforced in Kuwait?

Yes. Kuwait is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and a foreign award can be enforced after applying for an enforcement order and meeting the required conditions. The merits of the dispute are not re-examined; the review is limited to the formal conditions and to ensuring the award does not violate public order. Our firm has an arbitrator accredited by the Kuwait Bar Association, which gives us practical, first-hand insight into how arbitration runs.