Kuwait Court of Cassation principle number 2207

Arbitration is a judicial act of a special nature. The arbitrator derives his jurisdiction therein from the litigants' agreement to submit to his arbitration; its subject matter must be specified in the submission agreement, and the parties' intention in that regard must be interpreted narrowly. Its effect. Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunal. There is no scope for applying the rule that the judge of the principal matter is the judge of the incidental matter. - Staying the proceedings before the arbitrator. Mandatory by operation of law if a preliminary issue outside his jurisdiction is presented to him, until a final judgment is rendered thereon. The arbitrator proceeding to determine that issue or the subject matter of the arbitration itself. Its effect. Nullity of his award. Article 180, Civil Procedure.