Kuwait Court of Cassation principle number 194

An application for the recusal of an arbitrator. The Court of Cassation has jurisdiction to determine it. Article 6, Law 11 of 1995. - The time limit for requesting the recusal of an arbitrator. Its duration and method of calculation. Expiry of this time limit. Its effect: lapse of the right thereto. The court may so rule of its own motion because it concerns a litigation procedure relating to public policy. - Submission of an application for the recusal of an arbitrator to a court lacking jurisdiction and that court’s refusal to refer it to the Court of Cassation because referral from a lower court to a higher court is impermissible. Does not have the effect of submitting the application within the prescribed time. The reason for this.