Prof. Mohammad Al-Moqatei
Dean and President – KILAW

Abstract:

The Kuwaiti legislator for arbitration appointed for the first time in Article 39 of the Amiri decree No. 19 for the year 1959 regulating the judiciary, then organized in the law of Procedure No. 6 of 1960which was amended were necessary for its development, the most important was Law No. 3 of 1971, which added Article 264 bis of the Procedures law. The Kuwaiti legislator regulate arbitration fully again in the Civil and Commercial Procedures law promulgated by Legislative Decree No.38 of 1980issued in the June 4, 1980 This law suffered several amendments to laws numbers 121 of 1986, 42 of 1987, 3 of 1988, 44of 1989, 57 of 1989.47of 1994 and 18 of 1995.
The provisions of the arbitration came in Section XII of the law of Procedure Article 173 to Article 188 of it , that organized by sixteen articles only. In 1995, the legislature published law No. 11 of 1995 on Judicial Arbitration stipulated in Article 177 of the Procedure law with the cancellation of its rule, because of end of raison of publish after full organization in a special law, which is law No. 11 of 1995, amended by law No. 102 of 2013
It is clear from the previous presentation the importance of the developments experienced by arbitration in Kuwait, especially legislation that deliberately organized again and again with an attempt to avoid defects revealed by practical experience, and in particular the judicial arbitration, which has gathered a multitude interest ,a special law deliberately to override last problematic, and to develop solutions to new and sentenced can respond with changes and conditions emerging, which was considered as a “new style in the administration of justice created by the Kuwaiti legislature and is based on the basic idea is that the arbitrators themselves the state judges, so that they exercise the function of the judiciary and the function of arbitration in accordance with the conditions and procedures contained in the law.”
Hence, this paper, with emphasis on the features brought by Judicial Arbitration law, but it seeks to shed light on some of the problems of judicial arbitration ,specifically, and through presenting the defects that accurse in texts .or from what was appears by practical experience in respect thereof , with stated the ways to address those problems and how to overcome them
Therefore, we will display the subject of this paper through the following elements:
First: the procedural or formal problems for arbitration in accordance with law No. 11 of 1995
Second: the objective problems for arbitration in Kuwait, in accordance with Law No. 11 of 1995

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