Kuwait Court of Cassation principle number 375

The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding force of the arbitral award and orders its enforcement in accordance with the rules of procedure in the territory where enforcement is sought. The purpose: uniform treatment of foreign arbitral awards. These rules mean the litigation procedures required to obtain an order enforcing the award in the territory where enforcement is sought, to the exclusion of those specific to the country where the award was rendered, even if different. The reason. Prevention of procedural duplication leading to complexity. Matters other than these relating to the formal and substantive requirements for the award, the burden of proving them, the documents the applicant for enforcement must submit, and the limits of the judge's power to issue an enforcement order. Their subjection solely to the provisions of the Convention. - Submission by the applicant for enforcement of the documents required for recognition and enforcement of the foreign arbitral award. Its effect. A legal presumption arises in his favour as to the award's validity and enforceability. This presumption is rebuttable.