Kuwait Court of Cassation principle number 4259

The general rule is that a litigant’s resort to the courts in a matter agreed to be submitted to arbitration constitutes a violation of the rules of functional jurisdiction. That jurisdiction does not concern public policy. The reason therefor: the consensual nature of arbitration. Its effect. The right thereto is forfeited if raised belatedly after addressing the merits. - A plea that the arbitral tribunal lacks jurisdiction to hear the dispute because an arbitration clause does not exist or is invalid. Forfeited by submitting any claim or defence in the action or an incidental matter. Whether submitted orally or in writing is immaterial. - Addressing the merits that entails forfeiture of a procedural plea:-