Guide

Commercial Dispute Resolution Guide

Choosing between negotiation, litigation and arbitration — and when each fits.

Draft: this text is awaiting the firm's legal review before publication.

When a commercial dispute arises in Kuwait, several routes are available. Choosing the right one saves time and cost and, where possible, preserves the business relationship.

Negotiation and settlement

Usually the first step, and sometimes a contractual pre-condition to litigation or arbitration.

The courts

The Kuwaiti courts have jurisdiction unless the parties agreed to arbitrate. Claims pass through the levels of the courts, and interim measures can be sought to protect rights.

Arbitration

Requires a written agreement between the parties, and may be institutional or ad hoc, seated in Kuwait or abroad.

Enforcement

A judgment is only as good as its enforcement, so consider where the other party's assets are from the start.

Content on this website is for general information only and does not constitute legal advice.