الملخص الإنجليزي
International and national legislation regulating arbitration recognized the special nature of arbitration in order to support its effectiveness. Therefore, it was obligated to achieve balance between the special nature of arbitration and the need to review provisions of arbitration through the judiciary. For this reason, the regulations and legislations clearly differed, as the international legislation regulating international commercial arbitration, including the Model Law on Arbitration issued by the UNCITRAL Commission, limited the methods of reviewing arbitration provision to a single method, which is the cancellation action. As for the national legislation, affected by the Model Law excluding the Kuwaiti law, limited the methods of reviewing the international arbitration provision without distinguishing between international and internal arbitration, which is the annulment proceedings, but made it before the court of Second Instance. As for Kuwaiti law, it made the methods of reviewing the arbitration provision in the annulment proceedings, as well as authorizing the rebuttal procedure against the arbitration provision by remedies represented in the appeal and the petition to reconsider. Therefore, this research comes to shed light on the definition and nature of annulment proceedings, the reasons for filing it and the scope of the judicial oversight over the arbitration provision through such proceedings, and whether it is a remedy for the arbitration provisions in terms of substantive or formal terms, and whether the judiciary has the authority to address the subject-matter of the dispute and adjudicating on it.
