The Nationality of the Online Arbitration Award under the Kuwaiti Law

Abstract

Objectives: This study aims to identify the impact of abolishing debtor imprisonment or “threatening imprisonment” in Kuwaiti law, by defining the concept of threatening imprisonment, studying its history in Kuwaiti law and its positive and negative effects. It also discusses the division of Kuwaiti jurisprudence regarding the abolishment of threatening imprisonment between supporters and those who are against that, with the conclusion of the most significant recommendations developed by the researcher as alternatives for debtor imprisonment. Methodology: The study depends on the descriptive analytical approach, by analyzing the impact of abolishing debtor imprisonment on Kuwaiti society, analyzing the opinions of jurisprudence, the legislator’s position regarding threatening imprisonment through legislation, and analyzing the results in light of the realistic practice of some institutions. Results: The most prominent results of the study can be summarized as follows: 1- The abolishment of the debtor’s imprisonment (threatening imprisonment) is a step taken by the Kuwaiti legislator in order to keep pace with the global trend towards consolidating and preserving personal freedom. 2- The Kuwaiti legislator depends on the views of Kuwaiti jurisprudence, which often called for the abolition of the debtor’s imprisonment (threatening imprisonment). 3- Law No. 71/2020 regarding the promulgation of the Bankruptcy Law and the Executive Regulations thereto addressed the situations of a specific category of debtors without others. 4- The Kuwaiti legislator did not make an integrated legal regulation with the promulgation of the Bankruptcy Law. 5- Regarding the alternatives and other executive means stated in Kuwaiti legislation, the practical reality has proven its inadequacy. Conclusion: The study concluded that it is necessary to impose new alternatives that would have the same effect as imprisonment of the debtor, especially with the ineffectiveness of the means available in Kuwaiti law, and that the proposed alternatives are nothing but an effort to find alternative means that can fill the gap between abolishing the debtor’s imprisonment and the rights of creditors that become subject to risks.