Kuwait Court of Cassation principle number 3750

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 an arbitral award and orders its enforcement in accordance with the procedural rules of the territory where enforcement is sought. The purpose of this. Unifying the treatment of foreign arbitral awards. Those 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: preventing procedural duplication leading to complexity. Other matters concerning the formal and substantive conditions necessary for the award, the burden of proving them, the documents that the applicant for enforcement must submit, and the limits of the judge’s authority to issue an enforcement order. Are subject solely to the provisions of the Convention. - Submission by the applicant for enforcement of the documents required for recognition and enforcement of a foreign arbitral award. Its effect. A legal presumption arises in the applicant’s favor that the award is valid and enforceable. This presumption is rebuttable.