Kuwait

October 20, 2019 - October 22, 2019

CLDP to sponsor Middle East Pre-Moot Training in Abu Dhabi

On October 20-22, CLDP, in collaboration with Bahrain Chamber for Dispute Resolution (BCDR), the International Chamber of Commerce (ICC), the Center for International Legal Education of the University of Pittsburg (CILE), and the University of United Arab Emirates of Al Ain (UAEA) will kickstart the 10th Annual Middle East Vis Pre-Moot program in Abu Dhabi, UAE.

June 25, 2019 - June 27, 2019

MENA: Regional Alternative Dispute Resolution Conference

On June 25-27, 2019, CLDP organized a regional conference on mediation in Tunis, Tunisia, bringing together more than 110 participants from the justice sectors of Morocco, Saudi Arabia, Bahrain, Iraq, Kuwait, and Algeria. The conference focused on the use of mediation to resolve commercial disputes with sessions facilitated by subject-matter experts from the UN Commission on International Trade Law, the International Chamber of Commerce, JAMS Mediation, Arbitration and ADR Services, and current and former U.S. judges. Topics included the role of courts in encouraging mediation, the legal framework supporting mediation, enforcement of mediated settlements, mediation rules and practices, and standards for the conduct of mediators. Additionally, each delegation presented on recent developments in mediation in their countries: Tunisia, Saudi Arabia, and Bahrain are considering adopting new mediation statutes. CLDP hopes that this program will lead to increased recourse to mediation as a tool to resolve contractual disputes and ultimately contribute to a more attractive legal environment for cross-border business in the region.

May 2, 2019 - May 3, 2019

Kuwait: CLDP Provides Comprehensive Comments on Draft Kuwaiti Bankruptcy Law

On May 2-3, CLDP organized a two-day workshop to review Kuwait’s new bankruptcy draft law, which was hosted by the UN Committee on International Trade Law (UNCITRAL) in Vienna. For U.S. companies, Kuwait’s current bankruptcy system is overly punitive, does not include a restructuring provision to preserve company value, and lacks the requisite transparency and predictability for creditors in the event of a liquidation. The two-day program provided the inter-agency Kuwaiti delegation with over 100 technical comments on the draft bankruptcy law.

April 22, 2019

Kuwait: CLDP Organizes Conference on ADR for Kuwaiti Lawyers

On April 22, CLDP organized a conference with the Kuwait Commercial Arbitration Center for 150 lawyers on the role of alternative dispute resolution (ADR) in resolving disputes involving start-ups and international transactions. Commercial litigation in Kuwait is lengthy, unpredictable and costly, which can deter commercial activity and investment for companies, including U.S. companies doing business in Kuwait. The conference focused on the importance of the enforcement of mediated settlement agreements to ensure that ADR can be an effective alternative to litigation in Kuwait.

April 22, 2019

Kuwait: CLDP Organizes Conference on ADR for Kuwaiti Lawyers

On April 22, CLDP organized a conference with the Kuwait Commercial Arbitration Center for 150 lawyers on the role of alternative dispute resolution (ADR) in resolving disputes involving start-ups and international transactions. Commercial litigation in Kuwait is lengthy, unpredictable and costly, which can deter commercial activity and investment for companies, including U.S. companies doing business in Kuwait. The conference focused on the importance of the enforcement of mediated settlement agreements to ensure that ADR can be an effective alternative to litigation in Kuwait.

April 1, 2019 - April 2, 2019

MENA: CLDP Facilitates Participation in INSOL 13th Annual Judicial Colloquium

On April 1-2, in Singapore, CLDP, in coordination with INSOL International (International Association of Restructuring, Insolvency and Bankruptcy Professionals), supported the participation of judges from Bahrain, Kuwait, Saudi Arabia and Tunisia in the 13th INSOL Judicial Colloquium. INSOL International is a global federation of associations including lawyers, judges and accountants that aims to increase international cooperation and communication in the insolvency profession. The INSOL Judicial Colloquium is the only global venue for judges from around the world to share best practices in restructuring and liquidation procedures. This year is the first time that these four countries have participated in the Colloquium and CLDP plans to leverage INSOL’s extensive network and resources, such as its World Bank-funded Judicial Training College, to support its ongoing programming with MENA judges. The Colloquium provided the MENA judges with the opportunity to apply modern bankruptcy principles to hypothetical case studies and to receive practical guidance from senior judges from more advanced bankruptcy jurisdictions. CLDP plans to develop joint programs with INSOL over the next two years to expand its judicial training activities.

March 31, 2019 - April 3, 2019

MENA: CLDP Trains Judges to Effectively Implement New Bankruptcy Laws

On March 31 and April 3, in Singapore, CLDP organized trainings for judges from Bahrain, Kuwait, Saudi Arabia, and Tunisia on the role of courts in managing restructuring and liquidation procedures. The trainings focused specifically on court administration, cross-border judicial cooperation and ensuring compliance with bankruptcy procedures. Since 2016, Bahrain, Saudi Arabia and Tunisia have passed new bankruptcy laws, which all include modern restructuring mechanisms. In Bahrain and Saudi Arabia, prior to the enactment of these laws, bankruptcy was synonymous with liquidation and courts were not used as a venue to rescue companies or to prevent their failure. CLDP assisted in developing these new statutes and is now conducting a multi-phase program focused on the implementation of these mechanisms, with a specific concentration on judicial capacity building. The trainings in Singapore this week have been led by senior U.S. bankruptcy judges from the Southern District of New York. Trainings also included presentations by World Bank and private sector experts on the impact of restructurings and judicial decision-making on the credit market and the larger economic outlook of a country. The trainings emphasized the importance of transparency, consistency and predictability in the management of bankruptcies to maximize value and build confidence in the bankruptcy process.

March 5, 2019 - March 9, 2019

MENA Region: CLDP Hosts the 9th Annual Middle East Pre-Moot

On March 5-9, CLDP, in partnership with the Royal University for Women (RUW), the Bahrain Center for Dispute Resolution, Mena Chambers Bahrain, and the Center for International Legal Studies of the University of Pittsburgh, hosted the 9th Annual Middle East Vis Pre-Moot at RUW in Riffa, Bahrain. The competition brought together 17 teams consisting of more than 100 students from Afghanistan, Bahrain, Egypt, Iraq, Kuwait, Lebanon, Myanmar, Saudi Arabia, Sri Lanka, Tunisia, and the United Arab Emirates. The University of Colombo from Sri Lanka won the competition and the Royal Institute of Colombo, also from Sri Lanka, took second place. Before the competition, CLDP’s Vis Moot mentors and coaches conducted a three-day training. This five-day program was designed to prepare students for the Willem C. Vis Moot Competition (“the Vis Moot”) that takes place annually in April in Hong Kong and Vienna. The Vis Moot is the most prestigious international moot on commercial arbitration where more than 400 teams from over 100 countries compete on oral and written advocacy. The Vis Moot experience helps equip the participating students with the skills necessary to handle commercial business disputes and bolsters the rule of law in their respective countries.

September 27, 2018 - September 28, 2018

MENA: CLDP Organizes Regional Insolvency Conference

On September 27-28, in Casablanca, Morocco, CLDP organized a regional conference on insolvency for 75 participants from the MENA region. In recent years, Morocco, Tunisia, Saudi Arabia, and Bahrain have passed new insolvency laws that are in line with international best practices, and Kuwait is in the process of drafting a similar law. These laws allow for civil protection from creditors and for the restructuring of companies in financial peril, but success in transforming the insolvency practices in these countries will depend upon proper implementation of the new laws. For that reason, CLDP organized a regional conference for judges, lawyers, trustees, and other stakeholders from each of these 5 countries to come together to hear best practices and practical examples from the U.S. and to share experiences. CLDP expert advisors, including two U.S. federal bankruptcy judges and an insolvency expert from the UN Commission on International Trade Law spoke about the role of the judiciary in restructuring cases, cross-border insolvencies, methods of valuation, and the role of alternative dispute resolution in restructuring cases, all key considerations in the successful implementation of an effective insolvency system. This regional workshop complements CLDP’s bilateral insolvency assistance in the region, which aims to prepare the judiciaries in these countries to preside over insolvency proceedings. The new laws and their effective implementation will help these countries attract foreign investment, including U.S. investors who seek fair and predictable mechanisms for credit recovery.