Kuwait Court of Cassation principle number 279

Impossibility of reconciliation between the spouses. Its consequence. The court may appoint 2 arbitrators from the spouses' families if possible. If they disagree, it joins to them a deciding arbitrator from outside their families, and the 3 arbitrators submit their report to the court unanimously or by majority. - The meaning of majority for the purposes of Articles 127(*) to 132 of Law 51 of 1984. Agreement of 2 arbitrators on one opinion. - The court may establish harm by ordinary means in 2 cases: first: failure to achieve the requisite majority of arbitrators. Second: where the arbitration procedures have not been completed for any reason. - The judgment granting judicial divorce on the basis that the wife's arbitrator and the deciding arbitrator agreed on separation and that there was no basis for the appellant's request to refer the action to an evidentiary hearing. A correct ruling based on reasonable grounds. A challenge thereto is unfounded.