Kuwait Court of Cassation principle number 4455

Cassation of a judgment in its entirety. Its effect: its elimination and the erasure of its res judicata effect. This effect extends to all grounds of challenge, even if the cassation judgment does not specifically mention them, and the litigants return to their positions before issuance of the appellate judgment, with the pleas they raised that that judgment accepted or rejected. The failure to challenge that rejection by cassation may not be invoked against the party whose plea was previously rejected but in whose favour the merits of the dispute were decided. The basis thereof: the absence of his interest in challenging it and, consequently, the inadmissibility of such challenge at the time. - The plea of lack of jurisdiction in matters agreed to be arbitrated:-