Kuwait Court of Cassation principle number 6

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 in the territory where enforcement is sought. The purpose of this: to unify 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, excluding those - 7 - Commercial specific to the country in which the award was rendered, even if different. The reason for this. Preventing procedural duplication leading to complexity. Matters other than this concerning the formal and substantive conditions required 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. Their subjection 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 his favor as to the validity and enforceability of the award. This presumption is rebuttable.