My Kuwait contract has a Dubai arbitration clause—can I still start mediation in Kuwait first?

In Kuwait
Last Updated: Mar 12, 2026
I have a service contract with a foreign company and the clause says disputes go to arbitration in Dubai. We are both based in Kuwait and I want to try mediation locally to save time and cost. Would starting mediation affect my right to arbitrate later?

Lawyer Answers

ABDUL RAZZAQ ABDULLAH & PARTNERS LAWYER & LEGAL CONSULTANTS

ABDUL RAZZAQ ABDULLAH & PARTNERS LAWYER & LEGAL CONSULTANTS

Mar 12, 2026
Best Answer
In general, you can start mediation in Kuwait, and doing so will not affect your right to proceed with arbiration later in Dubai.
Abdulaziz Al-Subaie Law Firm And Legal Consultation

Abdulaziz Al-Subaie Law Firm And Legal Consultation

Mar 12, 2026
Yes, in principle you may initiate amicable settlement or mediation in Kuwait even if the contract contains an arbitration clause designating Dubai as the seat of arbitration. Attempting mediation does not normally waive or affect your right to proceed with arbitration, unless the contract expressly prohibits parallel negotiations or imposes a mandatory dispute-resolution sequence. Under general principles of international commercial arbitration, mediation is considered a voluntary settlement mechanism that parties may pursue at any time before or during arbitration.
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