Kuwait Court of Cassation principle number 889

One of the parties to arbitration asserting the invalidity of the arbitration agreement. This is considered a preliminary issue resulting in a stay of the arbitration proceedings by operation of law. The arbitrator’s contravention thereof and his proceeding to determine that preliminary issue. Its effect. The belly of his award, with a nullity whose parts cannot be severed. The person asserting nullity has a present, existing interest in submitting the nullity of the arbitrator’s award on this ground to the courts.