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Recognition and Enforcement of Foreign Arbitral Awards in Kuwait - Thesis Example
Summary
"Recognition and Enforcement of Foreign Arbitral Awards in Kuwait" paper undertakes an investigation of international arbitration, with a special focus on Kuwait and the effectiveness of arbitration and the recognition of foreign arbitral awards in international commercial dispute resolution…
- Subject: Law
- Type: Thesis
- Level: Undergraduate
- Pages: 321 (80250 words)
- Downloads: 0
Extract of sample "Recognition and Enforcement of Foreign Arbitral Awards in Kuwait"
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An effort to identify the extant problems associated with the implementation of arbitration procedures in Kuwait. The first chapter will analyze the background of the research topic, namely the implementation of arbitration law in Kuwait.
The second chapter embarks upon a description of the major treaties and conventions, both international and regional, which could affect the process of arbitration in Kuwait. In addition, a discussion regarding the applicable domestic laws has also been provided.
The third chapter shows that arbitral awards can be rendered invalid on several grounds. One of the principal reasons for invalidating these awards is the invalidity of the arbitration agreement. Moreover, the New York Convention permits refusal to recognize and enforce an arbitral award that is contrary to public policy. Furthermore, the incapacity of the parties to enter into an arbitration agreement is also an important reason for refusing recognition and enforcement of arbitral awards. These issues have been discussed in this chapter, along with the applicable laws. In addition, further grounds for refusing to recognize and enforce these awards were described.
The fourth chapter provides a discussion regarding the refusal to recognize and enforce foreign arbitral awards on the ground that the arbitral proceedings had not been conducted in a fair manner. This aspect of arbitration has been discussed in this chapter. In addition, the circumstances, under which this feature can be employed as a defense against the enforcement of foreign arbitral awards have been described.
The fifth chapter provides a discussion regarding public policy and its use by countries, as a defense to refuse recognition and enforcement of foreign arbitral awards. This defense has proved to be controversial, due to the different perceptions regarding public policy among the various nations. As to be expected, there are misgivings regarding the notion of public policy, with some favoring an international public policy, while others strongly believe in implementing their national public policy. Another major issue addressed in this chapter relates to the arbitrability of awards.
The sixth chapter deals with foreign arbitral awards that had been set aside abroad. ...Download file to see next pages Read More
The second chapter embarks upon a description of the major treaties and conventions, both international and regional, which could affect the process of arbitration in Kuwait. In addition, a discussion regarding the applicable domestic laws has also been provided.
The third chapter shows that arbitral awards can be rendered invalid on several grounds. One of the principal reasons for invalidating these awards is the invalidity of the arbitration agreement. Moreover, the New York Convention permits refusal to recognize and enforce an arbitral award that is contrary to public policy. Furthermore, the incapacity of the parties to enter into an arbitration agreement is also an important reason for refusing recognition and enforcement of arbitral awards. These issues have been discussed in this chapter, along with the applicable laws. In addition, further grounds for refusing to recognize and enforce these awards were described.
The fourth chapter provides a discussion regarding the refusal to recognize and enforce foreign arbitral awards on the ground that the arbitral proceedings had not been conducted in a fair manner. This aspect of arbitration has been discussed in this chapter. In addition, the circumstances, under which this feature can be employed as a defense against the enforcement of foreign arbitral awards have been described.
The fifth chapter provides a discussion regarding public policy and its use by countries, as a defense to refuse recognition and enforcement of foreign arbitral awards. This defense has proved to be controversial, due to the different perceptions regarding public policy among the various nations. As to be expected, there are misgivings regarding the notion of public policy, with some favoring an international public policy, while others strongly believe in implementing their national public policy. Another major issue addressed in this chapter relates to the arbitrability of awards.
The sixth chapter deals with foreign arbitral awards that had been set aside abroad. ...Download file to see next pages Read More
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