HOW MEDIATION AND ARBITRATION CAN BE EFFECTIVE IN THE KUWAITI CAPITAL MARKET AND THE KUWAITI ECONOMY: MODELS OF ADR AROUND THE WORLD

Back to Page Authors: Abdulaziz M. Alshbib Almutairi

Keywords: juridical scientiae doctor, ADR, law degree, dispute resolutions

Abstract: The golden rule in law is speedy justice. For much of the world’s financial transactions, Alternative Dispute Resolution (ADR) is the preferred method for international companies no matter which countries are involved. Thus, businesses expect ADR to be the status quo and means of resolving conflicts concerning commerce such as contracts, sales, and trade. In Kuwait, however, the norm for settlements remains litigation, a time consuming, costly, and inefficient process which seems antiquated to global partners. This paper, written by a Kuwaiti J.S.D. candidate from Kuwait University College of Law, understands his country’s hesitation to embrace procedures other than court trials for deciding legal outcomes for investments, and other enterprises. The author presents a compelling case for change directed to Kuwaiti legislators.