Specific Jurisdiction of the Arbitral Tribunal in Judicial Arbitration
Prof. Azmi Abdulfattah Ateya
College of Law – Kuwait University
Abstract:
This legal commentary provides some key observations on the qualitative jurisdiction for Judicial Arbitration Authority in Kuwait, based on the law and the explanatory note thereto . Judicial Arbitration Act 11 of 1995 was issued an innovator special kind of arbitration called judicial arbitration and the Kuwaiti legislature has provided for the type of arbitration in Article 177 pleadings before canceling by law 11 for 1995. According to article 177 , the Ministry of Justice may be form an arbitrations authority , may held at the headquarters of the High Court or any other place designated by the President of the authority. It shall be chaired by counselor or judge chosen by the General Assembly to the competent court , and membership of two of the traders or with other disciplines are selected from the tables prepared for it and according to the rules and decisions that issued by a decree of Minister of Justice, and presents to the authority – without charge – disputes that concerned parties should agree on to display by and to apply to that prescribed in Section XII (Articles 173 to 188 relating to the Organization of the Optional Arbitration Procedure Code).
The explanatory memorandum explained the law 11 for 1995 that the actual application revealed the lack of blockbuster litigants to show their disputes . To avoid the disadvantages of the optional arbitration and the delayed of arbitration proceedings , Law 11 for 1995 has been issued in order to avoid these disadvantages. The text of the law on the holding of this arbitration at the Court of Appeal and not the court of first instants, and Law 11 of 1995 changes the formation of the judicial tribunal, becoming a form of three counselors from the Court of Appeal ,and each arbitrator select according to manner with the availability of the needed conditions in arbitration which is acceptable provided necessary conditions in arbitration in accordance with Article (174) pleadings.