Kuwait Court of Cassation principle number 681

A party’s resort to the courts in a matter agreed to be arbitrated. Its lack of connection with public policy. Effect thereof. Forfeiture of the right thereto if raised after addressing the merits. - 485 - Procedure - Addressing the merits so as to forfeit a procedural plea. Occurs when a party makes any application or defense in the action or in an incidental issue therein, or one implying acceptance of its validity, whether in writing or orally. Article 77, Procedure. - Determining whether the conditions for forfeiture of the right to a procedural plea are satisfied or not. A matter of fact for the trial judge. Condition thereof. Example.