Kuwait Court of Cassation principle number 1575

Arbitration. A judicial act of a special nature. The nature and effect thereof. - Incorporation of a copy of the agreement to arbitrate in the arbitrator’s award. An essential and necessary statement for which no other statement suffices. Its purpose: to verify that the decision was issued within the limits of the arbitrator’s authority derived from the arbitration submission agreement, in protection of the parties’ interests. The effect of its omission. Nullity. - An arbitrator’s award issued as final. It is permissible to seek a judgment declaring it null. The cases thereof. Article 186 of the Civil Procedure Law. - Absence of the arbitration submission agreement from the arbitral award. Its effect: nullity of the award. This is not altered by its inclusion of a copy of the arbitration agreement. The reason for this. - It being established that the challenged judgment recorded in its text its examination of a copy of the arbitral award and the absence therefrom of the arbitration submission agreement. Sufficient to support its ruling declaring the arbitral award null. The appellant’s contention that the judgment attributed to him a statement that the arbitral award lacked the arbitration submission agreement, contrary to what is established in the case papers. Unavailing. - 245 - Civil Procedure Adjudicating matters not requested by the parties