INCAPACITY OF PARTIES AND INVALIDITY OF ARBITRATION AGREEMENT AS GROUNDS FOR REFUSING RECOGNITION AND ENFORCEMENT IN KUWAIT

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

The enforcement of foreign arbitral awards in Kuwait

This article is an analysis of the enforcement of foreign arbitral awards in Kuwait, an Islamic nation governed by Sharia law. The need for this analysis stems from the potential conflict between the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the ‘New York Convention’) (which came into effect in Kuwait on 27 July 1978) and Sharia law and the need to merge the two into a cohesive legal system. The Gulf Cooperation Council (GCC) has a representative office in Kuwait that facilitates the applicable provisions contained therein

Recognition and enforcement of foreign arbitral awards in Kuwait

This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University LondonInternational commercial arbitration is undertaken for the purpose and in the confidence that an award emanating therefrom is binding, recognizable and enforceable between the parties. Recognition and enforcement give rise to legal issues because while awards may be obtained by private parties or companies, recognition and enforcement depend on the state through its judicial arm, the courts. There might be conflicts between the successful parties’ aspirations and those of the state or the court that must recognize and enforce an award. The procedure is therefore key. This thesis seeks to analyse the rules relevant to the recognition and enforcement of foreign arbitral awards in Kuwait and also to evaluate the effectiveness of Kuwait’s recognition and enforcement framework, especially against the backdrop of article V (1) and (2) of the New York Convention. Kuwait derives its laws mainly from Islamic law, Islamic jurisprudence, local customs, international conventions and international law. Kuwaiti’s statutory laws largely meet international standards but with some reservations. In particular, the recognition and enforcement of foreign arbitral awards is largely subjected to Islamic law and principles as arbitral awards must usually be registered in Kuwaiti courts and be validated by judges, who are constitutionally bound to adhere to the supremacy of Islamic law and values. Nevertheless, this study establishes that Kuwaiti laws and practices on recognition and enforcement of foreign arbitral awards for the most part have applied the rules and standards stipulated in the New York Convention, albeit restrictively. However, deviations exist between the Arabic text of the New York Convention and the actual text of the Convention. These deviations do not necessarily hamper the effective recognition and enforcement of foreign arbitral awards, but in some respects they render a narrower and more restrictive interpretation and application of the Convention in Kuwait.Kuwaiti Governmen

REFUSING RECOGNITION AND ENFORCEMENT ON GROUNDS OF PUBLIC POLICY AND NON-ARBITRABILITY IN KUWAIT

Foreign arbitral awards should be recognizable and enforceable. However, this is notalways the case; they are recognizable and enforceable in some countries but not in others.Those countries that recognize and enforce awards are mostly developed countries, whereasthose which do not are mainly developing countries.This study compares and contrasts therecognition and enforcement of foreign arbitral awards in Kuwait with a view to discoveringwhy its recognizable and enforceable. Three factors determining whether or not foreignarbitral awards are recognizable and enforceable are identified in this study. They are theavailability and adequacy of the legal framework, the attitude of the business community, andthe attitude of the courts. The inquiry, accordingly, focuses on an examination of those factorsin both countries. The examination reveals that the third factor is the determining elementregarding the recognition and enforcement of foreign arbitral awards

Microorganism penetration in dentinal tubules of instrumented and retreated root canal walls. In vitro SEM study

Objectives This in vitro study aimed to investigate the ability of Candida albicans (C. albicans) and Enterococcus faecalis (E. faecalis) to penetrate dentinal tubules of instrumented and retreated root canal surface of split human teeth. Materials and Methods Sixty intact extracted human single-rooted teeth were divided into 4 groups, negative control, positive control without canal instrumentation, instrumented, and retreated. Root canals in the instrumented group were enlarged with endodontic instruments, while root canals in the retreated group were enlarged, filled, and then removed the canal filling materials. The teeth were split longitudinally after canal preparation in 3 groups except the negative control group. The teeth were inoculated with both microorganisms separately and in combination. Teeth specimens were examined by scanning electron microscopy (SEM), and the depth of penetration into the dentinal tubules was assessed using the SMILE view software (JEOL Ltd). Results Penetration of C. albicans and E. faecalis into the dentinal tubules was observed in all 3 groups, although penetration was partially restricted by dentin debris of tubules in the instrumented group and remnants of canal filling materials in the retreated group. In all 3 groups, E. faecalis penetrated deeper into the dentinal tubules by way of cell division than C. albicans which built colonies and penetrated by means of hyphae. Conclusions Microorganisms can easily penetrate dentinal tubules of root canals with different appearance based on the microorganism size and status of dentinal tubules