Incapacity of parties and invalidity of arbitration agreement as grounds for refusing recognition and enforcement in Kuwait

• Author: Saad Badah
• Position: Law School, Brunel University, London, UK
• Pages: 44-49

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3(2014), pp. 44-40

44

INCAPACITY OF PARTIES AND INVALIDITY OF ARBITRATION

AGREEMENT AS GROUNDS FOR REFUSING RECOGNITION AND

ENFORCEMENT IN KUWAIT

Saad Badah

1

Saad Badah

1

Law School, Brunel University, London, UK .

Correspondence: Saad Badah, Law School, Brunel University – London, UK. Tel:

0096599200747:

E-mail:SaadAHJ.Badah@brunel.ac.uk,sa3d51@hotmail.com

Abstract

Arbitration agreement is one of the widely discussed laws of contract in law. Each

and every country has specific rules and regulation which government had rules which

govern the arbitration contract between the citizens and between the nation and other

nations. Kuwait is one of such countries and it has faces a lot of challenges what it comes to

arbitration law and sharia law until the time when New York Convention was incorporated

and ratified in the process of administering justice in the Kuwait. The enforcement of the

awards specifically has brought challenges until the NYC provided the grounds under which

the enforcement of the awards may be rejected. The main objective of this paper is to discuss

whether Incapacity of Parties and Invalidity of Arbitration Agreement as sufficient Grounds

for Refusing Recognition and Enforcement in Kuwait. The paper is divided into five sections

with first section giving introduction and definition of what is arbitration, the second part

discusses the finality of the awards, thirdly it discuses the finality of the awards, fourthly the

paper discuses the rejection of enforcement due to invalidity and incapacity and lastly the

paper discusses the position of NYC position on the sufficiency of invalidity and incapacity as

enough proof for non-enforcement and recognition of arbitration agreement as a result of

invalidity and incapacity be for concludes with conclusion.

Keywords: Incapacity of Parties and Invalidity of Arbitration Agreement

Introduction

Arbitration is one of the many means of finding conflict resolution out of court. It is

similar to reconciliation but more formal than reconciliation

1

. The different between

arbitration and reconciliation also exist in the process through which they pass since

arbitration does not give room for continuous collective bargaining and negations while

reconciliation gives room for that

2

.

There are several types of Arbitration. They include;

I. Arbitration based on the international laws

II. Arbitration based on the national laws

III. Jurisdictional arbitration

IV. Arbitration between two conflicting parties

Most arbitration formation and their validity are determined by the principles of Lex

1

(2005)Barraclough, A., and Waincymer, J., Mandatory Rules of Law In International Commercial Arbitration,

MELB.J.Int’l L. 6 at 210-211

2

(2011)Al-Nowaser, K., A legal review on the principle of “The contract is the law of contractors”, Aleqt.com, at

http://www.aleqt.com

/2011/11/06/article_596219.html (last accessed on Feb 28th 2014)