Kuwait Court of Cassation principle number 3317

Giving the action its correct legal characterization. A duty of the court of merits in order to determine its jurisdiction. - The proceedings whose conclusion is considered are the original proceedings. A judgment declining jurisdiction and referring the case. Does not conclude the entire proceedings and may not be appealed except together with the appeal against the judgment on the merits. The court to which the case is referred must adjudicate the dispute even if the referral judgment was erroneous, but the Court of Appeal may reverse it and the judgments resulting from it when the judgment concluding the entire proceedings is appealed. - The Court of Appeal's reversal of the judgment declining jurisdiction and referring the case. The dispute must be returned to the court having jurisdiction over it even if it had ruled that it lacked jurisdiction. The reason therefor. It has not exhausted its adjudicative authority.