Kuwait Court of Cassation principle number 2669

Jurisdiction to adjudicate all disputes belongs to the courts. The exception. Agreement between the litigants to refer any dispute arising between them concerning performance of a particular contract to an arbitrator or arbitrators whom they select to determine it by a decision having the nature of court judgments. - The arbitrator derives his jurisdiction from the litigants’ agreement. Matters not covered by the agreement. Fall outside the scope of arbitration. Recourse must be had to the courts to adjudicate them. Its effect. What is issued by the arbitral tribunal outside the scope of arbitration. Does not constitute a judgment, and either litigant may resist its invocation against him and assert its non-existence without needing to bring an original action to set it aside. - Limiting the scope of the arbitration agreement to disputes arising between the parties to the agreement concerning its interpretation or performance of the obligations arising therefrom. Its effect. A dispute raised by one against the other concerning its invalidity or unenforceability against him because the person representing the principal in contracting exceeded the limits of his authority without his permission. Falls outside the scope of arbitration. The consensually appointed arbitrator lacks jurisdiction to hear the dispute concerning it. The arbitral award’s determination of this claim. Does not acquire res judicata effect preventing the court of merits having jurisdiction from adjudicating it.