Kuwait Court of Cassation principle number 2258

An arbitration agreement applies to the merits of the dispute, not its urgent aspect. It does not extend to that aspect unless expressly agreed. Article 173, Civil Procedure. - An action for an account. An action on the merits. Its scope encompasses examining disputes between the litigants concerning the indebtedness of each to the other. An agreement to arbitrate it. Its effect. Its exclusion from the jurisdiction of the ordinary courts. Example. - 419 - Civil Procedure - An action of recourse by the holder of a cheque: -