Kuwait’s legal victory, International Arbitration Court dismisses Kiwan’s $745 million lawsuit
Kuwait has secured a legal victory in international arbitration, with a ruling dismissing the case filed by plaintiff Bashar Kiwan before the International Centre for Settlement of Investment Disputes, further strengthening the country’s protection of its legal and financial interests globally.
The head of the Fatwa and Legislation Department, Counselor Salah Al-Majed, announced that the arbitration panel, formed under the 2006 UNCITRAL Arbitration Rules and administered by the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington, issued its final ruling on March 10, 2025, in case No. ICSID ARB/20/53. The case, filed by plaintiff Bashar Kiwan against Kuwait, was dismissed, affirming the legitimacy of the legal procedures undertaken by the state’s agencies and authorities. The ruling also confirmed that Kiwan is not entitled to any compensation for alleged material or moral damages.
Al-Majed emphasized that the ruling marks a significant legal victory for Kuwait, underscoring its commitment to justice and the rule of law. He added that the decision effectively refutes baseless allegations lacking any legal or factual foundation.
Importantly, Al-Majed praised the legal team at the Fatwa and Legislation Department for their dedication and competence in handling the case over the past five years. He highlighted their efforts in managing all stages of the international arbitration process, which ultimately led to a favorable ruling for Kuwait.
Al-Majed further emphasized that this achievement reflects the department’s unwavering commitment to defending Kuwait’s rights and safeguarding its interests before international judicial and arbitration bodies.
Protecting Kuwait’s interests
Al-Majed affirmed that this success further strengthens Kuwait’s record of safeguarding its legal and financial interests on the international stage. He credited this achievement to the wise leadership of His Highness the Amir Sheikh Meshal Al-Ahmad, His Highness the Crown Prince Sheikh Sabah Al-Khaled Al-Hamad Al-Sabah, and His Highness the Prime Minister Sheikh Ahmad Al-Abdullah. He also praised the close cooperation among various stakeholders in upholding justice and reinforcing the rule of law.
Kuwait was represented in this case by a legal team led by the Undersecretary of Administration, Counselor Abdul Rahim Al-Awadhi. The team also included Counselor Huda Al-Suwan, Counselor Noura Al-Roudhan, State Representative Suleiman Al-Foudari, State Representative Fahad Al-Badr, and Talal Al-Zamami.
Fugitive
It is worth noting that plaintiff Bashar Kiwan remains a fugitive from court rulings issued against him in Kuwait. He was convicted of multiple crimes, including fraud, embezzlement, and money laundering, in connection with the Malaysian sovereign wealth fund (1MDB) case.
Kiwan, a Syrian-French citizen who had long resided in Kuwait, alleged that Kuwait violated his rights under the 1989 Bilateral Investment Treaty (BIT) between France and Kuwait. He claimed that he had been subjected to unlawful investigations and trial procedures, which led to multiple court convictions that he described as unjust.
Furthermore, Kiwan also claimed that these actions resulted in the loss of his investments in several media companies, including Al-Waseet. He sought financial compensation exceeding 218 million dinars (approximately $715 million), along with nearly $30 million in moral damages.
Source: Al Jarida
