Kuwait
Omar Al QahtaniPartner,Head of Litigation - Kuwaito.qahtani@tamimi.com
Is there any legislation governing mediation in Kuwait? If the response is negative, are there any preparatory legislative project relating to mediation?There is no governing legislation or a governmental regulatory body organizing mediation.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?Conciliation is also not governed or regulated in State of Kuwait. Moreover, the concept of conciliation is not distinguished from mediation in the applicable legal practices in State of Kuwait, however negotiation as means of ADR is recognized and distinguished from conciliation, mediation and arbitration.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Since mediation is not governed by the applicable regulation in State of Kuwait, it is not administered by Kuwaiti Courts, however if the parties decide to resort to mediation that is administered privately and reached a Settlement Agreement, the aforementioned agreement is deemed valid, legal and enforceable.
Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?Mediation - as being administered privately as sort of negotiation - can be undertaken within the scope of civil and commercial disputes only, hence criminal and family law, for instance, falls outside the scope of applicability of mediation in State of Kuwait.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.No.
Are settlement agreements resulting from mediation enforceable before the Courts?Settlement Agreements in State of Kuwait are deemed valid, legal and enforceable unless challenged by either party for forgery, duress, etc.
Does the law in your jurisdiction address the suspension of the limitation period during mediation process?No.
How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.
Does the law in your jurisdiction allow parties to take interim measures during the mediation process?Interim measure in State of Kuwait is regulated by virtue of the Code of Civil and Commercial Procedures, whether it is derived out of mediation or not. The Court of Urgent Matters is the competent authority to hear and decide interim measure in State of Kuwait.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)Yes, the parties may conduct mediation privately, and there are many Centers in Kuwait to undertake this process. For instance, Kuwait Commercial Arbitration Center (“KCAC”), Kuwait Mediation and International Arbitration Chamber (“KMIAC”) and G.C.C. Commercial Arbitration Center.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.No. Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?The State of Kuwait is not a signatory party to Singapore Convention on Mediation. Nevertheless there has been recent discussion among relevant interested parties and ministries of Kuwait becoming a signatory party to Singapore Convention on Mediation.
Are there any mediation training centres in your jurisdiction?KCAC occasionally organizes webinars and training regarding mediation.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).No.
