Kuwait Court of Cassation principle number 685

Arbitration is an exceptional means of resolving disputes. The jurisdiction of the arbitral body to hear the dispute rests fundamentally on the rule of law but is founded directly on the parties’ agreement. Its restriction to what the parties to arbitration intend to submit to the arbitral tribunal. It is permissible to agree to resolve disputes through arbitration according to law or arbitration by amicable composition. Both may be included in a single submission agreement authorizing the arbitrator to decide according to law or by amicable composition. The option between them does not preclude each from having its own identity and independence, since there is no connection between them. Effect thereof: invalidity of the agreement to arbitrate by amicable composition for failure to name the arbitrators does not affect the agreement to arbitrate according to law, which remains valid. Consequence thereof. The arbitrators may terminate the dispute pursuant to it. 2- The plea of lack of jurisdiction pertaining to public policy:-