Abstract

AbstractIn the construction industry, disputes are inevitable. Contract disputes result from conflicting contract documents, changes to the original scope of work, or breaches of contract. Arbitration is the preferred alternative dispute resolution method in international construction contracts because it saves time and money and prevents litigation under foreign laws. Western contractors and investors fear entering into contracts with Middle Eastern owners and government entities, especially when a contract stipulates the application of local national laws and jurisdiction. Furthermore, questions regarding foreign contractors’ rights and the validity of certain contractual provisions for dispute resolution in local courts and their ability to use arbitration to resolve disputes need to be addressed. This paper examines the concept of arbitration as an alternative dispute resolution method and its application in the Kuwaiti construction industry. The paper focuses on Kuwaiti arbitration law, examines curr...

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