Kuwait Court of Cassation principle number 2427

A dispute arising from performance of a contract. The jurisdiction of ordinary arbitration to determine it. Its condition. That the parties expressly agree to adopt arbitration as a means of resolving the dispute and that the arbitrators be appointed in that same agreement or in a separate agreement. Failure to appoint the arbitrators. Their appointment is made by the court originally competent to hear the dispute, upon the application of a litigant through the ordinary procedures for instituting an action. Articles 173, 174, 175, Civil Procedure Code. - Ownership action:-