Kuwait Court of Cassation principle number 722

The rule is that a litigant’s resort to the courts in a matter in respect of which arbitration was agreed constitutes a violation of the rules of functional jurisdiction. That jurisdiction does not concern public policy. The reason therefor: the consensual nature of arbitration. The effect thereof. Forfeiture of the right thereto if raised belatedly after addressing the merits. - A plea that the arbitral tribunal lacks jurisdiction to hear the dispute because the arbitration clause does not exist or is void. Is forfeited by submitting any request or defence in the action or an incidental matter. It is immaterial whether it is submitted orally or in writing.