Kuwait Court of Cassation principle number 723

Arbitration is a judicial act of a special nature. The arbitrator derives his authority therein from the parties' agreement to submit to his arbitration; its subject matter must be specified in the submission agreement, and the parties' intention concerning it must be construed narrowly. Its effect. Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunal. There is no room to apply the rule that the judge of the principal matter is the judge of the ancillary matter. - Staying the proceedings before the arbitrator. Mandatory by operation of law if a preliminary issue outside his authority is presented to him, until a final judgment is rendered concerning it. The arbitrator proceeding to determine that issue or the subject matter of the arbitration itself. Its effect. Nullity of his award. Article 180 of the Civil Procedure Code. 5- Jurisdiction of judicial arbitration tribunals:-