Kuwait Court of Cassation principle number 2671

The general rule is that a litigant's recourse to the courts in a matter agreed to be referred to arbitration violates the rules of functional jurisdiction. Such jurisdiction does not pertain to public policy. The reason for this: the consensual nature - 493 - Obligation of arbitration. The effect of this. The right to invoke it lapses if raised belatedly after addressing the merits. - A plea that the arbitral tribunal lacks jurisdiction to hear the dispute because the arbitration clause does not exist or is void. It lapses upon making any claim or defence in the action or in an incidental matter. It is immaterial whether it is made orally or in writing.