Kuwait Issues New Arbitration Law, Replacing Law No. 11 of 1995

Kuwait issued Decree-Law No. 120 of 2026 promulgating a standalone Arbitration Law, published in Kuwait Al-Youm Issue 1813 on 18 October 2026. It repeals the arbitration chapter of the Code of Civil and Commercial Procedure, Law No. 11 of 1995 (judicial arbitration) and any conflicting provision (Article 4 of the decree-law).

The law covers arbitrations seated in Kuwait, and foreign arbitrations whose parties choose it (Article 2). With no start date stated, it comes into force one month after publication (Article 178 of the Constitution), around 18 November 2026. It does not apply to arbitrations pending at that date (Article 1 of the decree-law).

The arbitration agreement must be in writing (Article 5). Unless the parties agree otherwise, the tribunal must issue its award within 12 months of being formed, extendable by six months (Article 59). An award can be attacked only by an annulment action before the Court of Appeal within 30 days of notification (Articles 72 and 75), and that action does not stop enforcement unless the court orders a stay (Article 77). Disclosing proceedings or publishing an award without consent can mean up to six months in prison and a fine of up to KD 10,000 (Articles 40, 62 and 103).

In government contracts, an arbitration clause needs the Fatwa and Legislation Department's opinion, then Cabinet or ministerial approval (Article 3). Arbitration centres need a Ministry of Justice licence (Article 80), and have one year to comply.

WEFAQ's view: check every arbitration clause against the new law, covering the seat, the institution, the number of arbitrators and the time limit, and build the approval step into the timetable of any State contract.

Read more: for the full analysis, read our companion blog article: 'Kuwait's New Arbitration Law 2026: What Changes for Contracts, Disputes and Government Dealings'.

Source: Decree-Law No. 120 of 2026 promulgating the Arbitration Law, with its explanatory memorandum; Kuwait Al-Youm Issue 1813, pages A32 to A52, dated 18 October 2026.

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.