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Date of Award

3-5-2020

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

Settling commercial contractual disputes through litigation is a difficult, time-consuming, and costly endeavor, whereas less-adversarial dispute resolution methods such as mediation and arbitration, promote conflicting parties to be more resilient and to explore ideas through discussion and exchange. Developed countries commonly practice alternative dispute resolution (ADR), especially mediation and arbitration. But, in Kuwait, the justice system has up to this point predominantly preferred court adjudication for such cases. This paper, therefore, is an attempt to persuade the Kuwaiti legislature to enact laws that make alternative dispute resolution a viable practice in the legal system. Transforming commercial dispute resolution requires pragmatic and functional details that are also outlined in the paper. In addition to improving dispute resolution, using these less costly and more deliberative methods should enhance the economic efficient status of the country. This is a head point when dealing with Kuwait’s global neighbors who expect such resolution of conflicts in their international transactions. Furthermore, such a critical change would attract and infuse more multinational investments in Kuwait, one of the richest countries in the world. Finally, this dissertation describes how alternative settlement processes of mediation and arbitration are utilized in several other countries that have made explicit progress championing ADR deliberation among conflicting parties, rather than subjecting commerce to contentious, costly, and time-consuming litigation.

Chair and Committee

Karen Tokarz, Supervising Professor, James Reeves, Examining Professor, Robert Litz, Examining Professor, Juan Camilo Del Valle Arellano, Examining Professor

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