Kuwait Court of Cassation principle number 680

The non-existence of a judgment. Its condition. Where a plea is made before a judge of the ordinary judiciary that the court lacks jurisdiction because of an arbitration clause, and the judge proceeds to adjudicate it, the judgment is rendered within the limits of his jurisdiction and is not considered non-existent. - The challenged judgment's adherence to the force of res judicata acquired by a previous judgment on the issue of jurisdiction, and its basing its ruling rejecting the plea of lack of jurisdiction due to the arbitration clause thereon, without addressing the appellant's defence in response to the plea of invalidity of that clause. The sufficiency of this ground to support that judgment. Challenging it on another ground. Ineffectual.