Kuwait Court of Cassation principle number 721

Arbitration is an exceptional avenue of litigation. Its limitation to what the will of its two parties encompasses. The necessary consequence and implication thereof: a litigant's recourse to the courts in a matter in respect of which arbitration was agreed constitutes a violation of the rules of functional jurisdiction. - Arbitration. Its extension to the subject matter of the dispute, but not its urgent aspect. This aspect remains within the jurisdiction of the urgent matters judiciary unless the arbitration agreement expressly provides for its extension thereto. Its omission of such a provision excludes that aspect from the scope of arbitration. The litigants must resort to the courts of general jurisdiction for its determination. There is no room in this respect to say that the judge of the principal matter is the judge of the ancillary matter. Reason therefor. Example. - 495 - Civil Procedure