Kuwait Court of Cassation principle number 1830

Giving the action its correct legal characterization. A duty of the court of merits in order to determine its jurisdiction. - The proceedings whose termination is considered are the original proceedings. A judgment declining jurisdiction and referring the case. It does not terminate the proceedings in their entirety and may not be appealed except together with an appeal against the judgment on the merits. The court to which the case is referred must determine the dispute even if the referral judgment was erroneous, but the Court of Appeal may set it aside, together with the judgments resulting from it, upon an appeal against the judgment terminating the proceedings in their entirety. - The Court of Appeal's setting aside of the judgment declining jurisdiction and referring the case. The dispute must be returned to the court having jurisdiction over it, even if that court had ruled that it lacked jurisdiction. The reason for this. It has not exhausted its adjudicative authority.