Kuwait Court of Cassation principle number 4035

The arbitrator’s failure to meet the Sharia requirements because he suffers from psychological and mental disorders and graduated from one of the special institutes of the Ministry of Social Affairs and Labour, which supports him and assists him financially. The appellant’s reliance on this defense in his grounds of appeal and his request for permission to obtain two certificates from the Psychiatric Hospital and Social Affairs to establish the validity of his defense. A material defense. The judgment’s failure to investigate it and its failure to respond to it. Renders it defective and requires its cassation.