أثر جائحة كورونا (19-Covid)‎ على إجراءات التحكيم الدولي و الداخلي : دراسة تحليلية في التشريعات الكويتية

Abstract EN

The Kuwait government as other countries around the world has introduced a package of precautionary and preventive measures to combat the outbreak of the Coronavirus disease 2019 (Covid-19).

These measures have significantly affected the domestic and international contractual relationships of individuals, resulting in new disputes between parties about their contractual obligations.

The resolution of some of these disputes cannot be delayed.

Therefore, the arbitration regime should have a positive role to play and could work effectively to overcome one of the negative effects of the pandemic by providing a means of settling any contractual disputes resulting from it.

This research aims to demonstrate that the traditional arbitration regime that does not recognise electronic procedures cannot works effectively during crises and difficult circumstances because of its inability to face constraints and adapt to them, and the difficulty of adapting its rules as well before the current challenges.

Therefore, the importance of electronic arbitration appears as a modern and advanced method for resolving disputes, as it is the most appropriate and efficient way to preserve the arbitration system and ensure its effectiveness and continuity in light of the Covid-19 pandemic.

Accordingly, this research recommends temporary and radical remedies for the arbitration system in the State of Kuwait by introducing electronic means for the arbitration system in light of the current legislation and also with a view to working towards a complete legislative treatment regulating electronic arbitration.