Does the alternative dispute resolution have a role to play in the construction industry in the State of Kuwait (Look into the most appropriate methodology that may be taken in Kuwait in comparison with what are available in the English legal system)

Abstract

Spending almost two decades of experience with one of the largest oil and gas production company in the Middle East namely “Kuwait Oil Company” as a Team Leader and Senior Counsel for the Projects and Claims Team under Legal Affairs Department has undoubtedly inspired me the notion the essence of this thesis alongside with that sort of eagerness to research in quest for the knowledge which man has always and still run after but the least nevertheless only acquired! Before I join the company in late eighties, and on my graduation I found myself in cross roads, become a lecturer and embark on the academic career and satisfy my desire for research or fight my way in the legal profession as practitioner? I walked the second route in the hope of gaining the legal experience with the thought of grapping the research route in a later stage in which I now do enjoy and live. Working with KOC, I have been involved up to teeth in different areas of law since a project documents is governed and regulated not only by contract law but commercial law, companies law, patent law, labour law, construction law and tax law are also incorporated. The dispute resolution methods are addressed as well since local litigation is the main method and international adjudication, mediation and arbitration are exceptional but used and applied in particular on LSTK, EPC, EPF and Technical Service Agreements TSAs. Negotiation rounds which were entered with international oil companies on new projects and contracts gained me skills and exceptional knowledge in applying law and practice as well as sharing expertise not only in law function but in commercial and technical angles of the project bearing in mind the diversified expertise representing all aspects of business and the approaches followed to successfully accomplish a project. In the thesis, I’ve opted to deal with the elements of dispute resolution in the construction industry on the international scale and on the local or national level choosing State of Kuwait’s legal system and enhancing the research with the practical work experience in the Kuwait Oil Company extending seven chapters for this aim. I fully hope with my humble efforts exerted in this thesis that something valuable is added to the endless and depthless ocean of legal knowledge. In addition to the introductory section, the analysis of the thesis subject will be split into and developed through seven parts. Chapter one will define the construction contract, the field of the study subject, which will be followed by the mechanism of formation of the contract subject matter in chapter two. Then, the next four chapters, the means of the most common alternative dispute resolution; namely arbitration, adjudication, expert determination and mediation will be examined respectively. Chapter seven will mainly focus on the evaluation of the Kuwaiti national oil producer (Kuwait Oil Company “KOC”) as a case study and eventually will come up with the recommendations. Then, the mission of the thesis would reach the Conclusion being the final destination of its journey.

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