Kuwait Court of Cassation principle number 3600

Arbitration is a judicial act of a special nature. What this means and its effect. - Incorporating a copy of the agreement to arbitrate in the arbitrator's award. An essential and necessary particular for which no other particular can substitute. Its purpose: verifying that the decision was issued within the limits of the arbitrator's authority derived from the submission agreement, in protection of the litigants' interests. The effect of its omission. Nullity. - An arbitrator's award issued as final. Permissibility of seeking a judgment declaring it void. The cases thereof. Art. 186 of the Civil Procedure Law. - The arbitral award lacking the submission agreement. Its effect: nullity of the award. This is not altered by its inclusion of a copy of the arbitration agreement. The reason for this. - It being established that the challenged judgment recorded in its text that it had examined a copy of the arbitral award and that it lacked the submission agreement. Its sufficiency to support its ruling that the arbitral award was void. The appellant's contention that the judgment attributed to him a statement that the arbitral award lacked the submission agreement, contrary to what is established in the documents. Ineffectual. - 615 - Civil Procedure