Kuwait Court of Cassation principle number 2676

Arbitration is an exceptional means of resolving disputes, founded on departure from ordinary methods of litigation. The arbitral body's jurisdiction to hear the dispute derives directly from the parties' agreement and is confined to what the parties to arbitration intend to submit to the arbitral tribunal. - An arbitration agreement may take the form of a submission agreement concluded after the dispute arises or of a clause relating to disputes that may arise in the future. The law has prescribed no particular form for an arbitration clause, in which respect it is like all other consensual contracts. Its effect: its parties are bound to submit the matters it encompasses to arbitration, and the State judiciary is precluded from adjudicating them. - A conciliator does not decide a dispute but assists its parties, through good offices, in reaching an amicable settlement between them that remains dependent on the will of both parties; they may, if they wish, adopt it or reject it and pursue litigation or any other avenue. Contract of adhesion: