هيئة التحكيم بالطلبات المستعجلة

Abstract EN

Since the appearance of the arbitration system and its advantages, the state's monopoly of judiciary has retreated and the state ceded part of its general authority by allowing individuals and private entities to solve some of their disputes through ways they have consented to follow.

However, the state has still had urgent judiciary - beside the substantive judiciary – which guarantees quick and temporary solutions when imminent risk threatens their interests.

As a result, the inquiry can be raised as whether the arbitrary judiciary has jurisdiction over disputes concerning imminent risks or not.

After reviewing articles No.

173 – 188 except art.

177 of the Kuwaiti Civil Procedures Code, it clear that the legislation has granted common jurisdiction regarding imminent risk for both the judicial system and arbitrary system, considering that the common jurisdiction is deemed to be integrative not competitive.

In other words, the arbitrary entity has no power to enforce its decisions regarding imminent risk as a general rule.

However, dispute parties can resort to judiciary to enforce decisions issued by the arbitrary entity concerning imminent risk