Kuwait Court of Cassation principle number 527

Arbitration is an exceptional avenue of litigation confined to what the will of its parties encompasses. The implication of this. A litigant's recourse to the courts in a matter agreed to be arbitrated. A violation of the rules of functional jurisdiction. - The existence of a special law. Its effect. No recourse to the general law except regarding provisions omitted by the special law. The rationale for this. - The agreement of the parties to the dispute that arbitration proceedings conducted pursuant to an arbitration submission agreement between them shall be subject to the rules and provisions of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council and to the Code of Civil and Commercial Procedure in matters for which no special provision appears in that submission agreement. Its effect. This special law—Law 4 of 2002 approving the State of Kuwait's establishment of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council—is the applicable law and restricts the general law except in matters for which no provision exists. - The avenue for challenging arbitrators pursuant to Article 17 of the Regulations of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council. It is recourse to the Centre's Secretary-General. The appellant's institution of her action seeking the disqualification of arbitrators before the court. Recourse to a body without jurisdiction to hear the dispute. The judgment's adherence to this. No defect.