Kuwait Court of Cassation principle number 3609

Jurisdiction to determine all disputes belongs to the courts. The exception. Agreement between litigants to refer disputes arising between them concerning performance of a particular contract to an arbitrator or arbitrators of their choice, to determine them by an adjudication having the nature of court judgments. - The arbitrator derives his jurisdiction from the litigants' agreement. What is not covered by the agreement. Falls outside the scope of arbitration. Recourse to the courts is required for its determination. Its effect. What is issued by an arbitral tribunal outside the scope of arbitration. Is not considered an award, and any litigant may resist its invocation against him and maintain its nonexistence without needing to bring an original action to set it aside. - Limiting the scope of the arbitration agreement to disputes arising between the parties to the agreement concerning its interpretation or performance of obligations arising from it. Its effect. A dispute by one against the other concerning its invalidity or - 617 - Civil Procedure its unenforceability against him because the person representing the principal in contracting exceeded the limits of his agency without his permission. Falls outside the scope of arbitration. The consensually appointed arbitrator lacks jurisdiction to hear the dispute concerning it. The arbitral award's determination of this claim. Does not have res judicata effect preventing the trial court possessing jurisdiction from determining it. 5- The court competent to hear the plea of invalidity of the arbitration agreement:-