Kuwait Court of Cassation principle number 705

A request to remove a partner and substitute another in his place in a dispute arising from the performance of a company contract containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affected by the fact that the clause appeared in a document subsequent to the company contract or in a contract supplementing its memorandum of association that was not drawn up in official form, or that the law concerning companies jointly owned by Kuwaitis and non-Kuwaitis is the applicable law. The challenged judgment’s departure therefrom. A violation of law requiring its cassation. - An arbitration clause is not among the particulars that the Commercial Companies Law requires to be included in the memorandum of association of a limited liability company.