Kuwait Court of Cassation principle number 1730

One of the parties to arbitration asserting the nullity of the arbitration agreement. This constitutes a preliminary issue entailing a stay of the arbitration proceedings by operation of law. The court's contravention of this and his proceeding to determine that preliminary issue. Its effect. His award is void by a nullity whose parts cannot be severed. The party asserting nullity has a present, existing interest in submitting the nullity of the arbitrator's award on this ground to the judiciary.