Kuwait Court of Cassation principle number 336

Jurisdiction to adjudicate all disputes belongs to the courts. The exception. Agreement between the litigants to refer any dispute arising between them over performance of a particular contract to an arbitrator or arbitrators chosen by them to determine it by a decision having the nature of court judgments. - The arbitrator derives his jurisdiction from the litigants' agreement. What the agreement does not encompass. Its exclusion from the scope of arbitration. Recourse to the courts is required for its determination. Its effect. What is issued by the arbitral tribunal outside the scope of arbitration. It is not considered a judgment, and either litigant may resist its being invoked against him and assert its nonexistence without - 68 - Civil Procedure the need to bring an originating action to set it aside. - Defining the scope of the arbitration agreement by the disputes arising between the parties to the agreement concerning its interpretation or performance of the obligations arising from it. Its effect. A dispute by either against the other concerning its invalidity or its unenforceability against him because the person representing the principal in contracting exceeded the limits of his authority without his permission. Its exclusion from the scope of arbitration. The consensually appointed arbitrator lacks jurisdiction to hear the dispute concerning it. The arbitral award's determination of this claim. It does not acquire res judicata effect preventing the court of the merits possessing jurisdiction from determining it.