Kuwait Court of Cassation principle number 2176

Arbitral award. Its nature. - An arbitrator has no authority to determine his fees and expenses unless the parties to the arbitration expressly agree thereto. The reason is that the rule that the judge of the principal matter is the judge of the ancillary matter does not apply in arbitration. The arbitrator's contravention thereof. His award is deprived of res judicata effect even if an action to annul that award has been brought.