Kuwait Court of Cassation principle number 343

The arbitration agreement. The arbitrator has no power to rule on its validity or nullity. One of the parties to arbitration asserting the nullity of the agreement. This necessarily entails a stay of the proceedings before the arbitrator by operation of law until a final judgment is issued concerning the validity or nullity of that agreement, as a preliminary issue falling outside his jurisdiction. Jurisdiction over it is vested in the ordinary judiciary, which possesses general jurisdiction.