Arbitration Law

Arbitration Law

Introduction

There are structural criteria of legitimacy that frame the determinacy of international rules and obligations in their claim of authority for instances of fundamental moral and political repercussions for nation-States and their human constituents. Recognition and coherence for the common good are a force of legitimacy to reckon with in the construction of authoritative international rules. Interpretation of obligations of states in investor-state arbitral dispute settlement implicates fundamental constitutional powers of states in the interest of the public and wellbeing of human beings. Claims against states such as expropriation in foreign investment disputes are increasing amid concern about undue shrinkage of the powers and funds of states for implementing public programs for economic development, environment, safety, or other measures for the public and human wellbeing. The situation begs structural criteria sound in legal theory to frame the construction and interpretation of international rules in this field of international law. In this topic, the main focus will be on Dow Chemical v. Kuwait case. The assessment of the agreement between Dow Chemical and Kuwait case will be carried out in the topic. The other task would be to examine the laws associated with foreign investment in Kuwait. There will be a detailed analysis of the application of Arbitration Law outside the judicial body in Kuwait. Therefore, all the issues and aspects related to Arbitration Law in Kuwait will be discussed in detail.

Overview of Dow Chemical v. Kuwait case

Around few months ago, Kuwait Government announced the opening of the new office of Dow Chemical Company in Kuwait. It was even confirmed that the opening of the new office of Dow, had a main person who was recently appointed as Director-General in Kuwait. He had great importance for the company's investments and partnerships in Kuwait. The new office will work to manage the partnership business Dow in Kuwait and promotion, at which time it will also upgrade existing partnerships and develop the company's investments in the petrochemicals industry which resulted in six leading joint ventures. In this framework, said Marcos and Elde, corporate vice president for institutional development in Kuwait and the President of Dow Middle East said: "The launch of the Office of Dow's new plant and important confirmation of our commitment to operations and investments existing in the State of Kuwait. We are pleased to launch our new office in Kuwait culmination of our history the success spans over 15 years. “He added: "people need to enjoy the beauty expertise of commercial exceptional and a great ability to enhance our presence on the ground”. He is working with Dow for more than 22 years, and has the potential and the ability to continue to strengthen our relations with the community, joint ventures and partners in the business sector (Bederman, 2002, 66).

The Dow Chemical Company has started its work in Kuwait 15 years ago with the launch of Equate Petrochemical Company, a successful joint venture with the Petrochemical Industries Company in ...