Kuwait Court of Cassation principle number 536

Arbitration is an exceptional avenue of litigation confined to what the parties intend. The consequence thereof. 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 for provisions omitted by the special law. The reason therefor. - The parties to the dispute agreeing that the arbitration proceedings held 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 is made in that submission agreement. Its effect: this special law—Law 4 of 2002 concerning the State of Kuwait's Approval of the Establishment of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council—is the applicable law and restricts the general law except where no provision is made. - 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 bringing her action seeking to challenge the arbitrators before the court. Recourse to a body lacking jurisdiction to hear the dispute. The judgment's adherence to this. No defect. - 453 - Procedure