Kuwait Court of Cassation principle number 3846

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 thereof: to unify the 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, excluding those specific to the country where the award was rendered, even if different. The reason therefor: preventing 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 that the applicant for enforcement must submit, and the limits of the judge's authority to issue the enforcement order. They are governed solely by 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. The arising of - 666 - Procedure a legal presumption in the applicant's favor as to the validity and enforceability of the award. This presumption is rebuttable.