Kuwait Court of Cassation principle number 683

Arbitration is a judicial act of a special nature. Its basis is that the arbitrator derives authority not from the law but from the parties’ agreement to submit to that arbitrator. - Arbitration is an exceptional means of resolving disputes. Its essence is departure from ordinary litigation procedures and their safeguards. Its import. Its subject matter must be specified in the submission to arbitration, which must be adhered to, and it must be interpreted narrowly, limiting it to its parties and to what the parties to arbitration intend to submit to the arbitral tribunal. - An agreement to arbitrate a particular dispute. Does not extend to another contract even if connected with it. Its consequence: where the connection is indivisible, jurisdiction to hear the two actions belongs to the courts. Example concerning the conclusion of contracts between the same parties without an indivisible connection between them.