Kuwait Court of Cassation principle number 4459

A party's recourse to the courts in a matter agreed to be subject to arbitration. A violation of the rules of functional jurisdiction. This is unrelated to public policy. Its effect. Forfeiture of the right to plead lack of jurisdiction if raised after addressing the merits. - Addressing the merits which forfeits a formal plea unrelated to public policy. Its nature. A party's submission of any application or defence in the action touching upon the merits or a subsidiary issue therein that entails acceptance of its validity, whether submitted in writing or orally. Fulfilment of the conditions for such forfeiture. Among the factual matters independently determined by the trial judge. Its condition. That it be reasonable and have an established basis in the papers. Example - 821 - Civil Procedure concerning a plea that the civil court lacks jurisdiction over a matter agreed to be subject to arbitration.