Kuwait Court of Cassation principle number 682

Arbitration is a judicial act of a special nature. Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunal. - Arbitration. Its condition. The subject matter of arbitration must be lawful and it must not take place in a matter relating to public policy. - Jurisdiction to examine the plea of invalidity of the contract in which arbitration was agreed. Vests in the ordinary judiciary, which possesses general jurisdiction. The import thereof. The court must first determine whether or not that contract is void. The reason therefor: giving effect to the arbitration clause if the contract is valid, or invalidity of the clause if the contract is void. An example.