A critical analysis of the legislative framework and judicial interpretation of party autonomy in Kuwaiti commercial arbitration

Alazemi, Mohammad M F A H (2026) A critical analysis of the legislative framework and judicial interpretation of party autonomy in Kuwaiti commercial arbitration. Doctoral thesis, University of East Anglia.

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Abstract

This thesis examines party autonomy within Kuwait's arbitration framework through doctrinal analysis of the Civil and Commercial Procedure Law and over one hundred Court of Cassation judgments (1981–2025). Despite Kuwait's early accession to the New York Convention in 1978, it remains understudied in arbitration scholarship. This thesis provides the first comprehensive English-language doctrinal analysis of Kuwaiti arbitration law with regard to the principle of party autonomy.

Kuwait lacks a dedicated arbitration statute, regulating arbitration through sixteen articles within its civil and procedural code—provisions predating modern international arbitration practice. The thesis argues that Kuwait formally recognises party autonomy while systematically subjecting it to judicial supervision. To capture this configuration, the thesis proposes the term 'State-Centric Hybrid Model', characterising arbitral authority as a conditional privilege rather than a presumptive right.

The analysis employs an original three-phase analytical framework tracing constraints across the arbitration lifecycle, with comparative references to the UNCITRAL Model Law, English Arbitration Act 1996, and UAE Federal Arbitration Law 2018. The jurisdictional phase reveals 'gatekeeping conditionality'; the procedural phase demonstrates 'conditional authority'; and the award phase exposes 'cumulative judicial control'.

The empirical foundation draws on systematic examination of Court of Cassation jurisprudence in original Arabic, representing the most extensive analysis of Kuwaiti arbitration case law to date. The thesis concludes that Kuwait's framework, while internally coherent, may discourage sophisticated commercial actors from selecting Kuwait as an arbitral seat. Reform recommendations address codifying the separability doctrine, clarifying competence-competence, extending temporal boundaries, and enhancing interim measures jurisdiction.

Keywords: Party Autonomy; International Commercial Arbitration; Kuwait; State-Centric Hybrid Model; Judicial Supervision; UNCITRAL Model Law; New York Convention.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Jennifer Whitaker
Date Deposited:	01 May 2026 10:32
Last Modified:	01 May 2026 10:32
URI:	https://ueaeprints.uea.ac.uk/id/eprint/102871
DOI:

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