Kuwait Court of Cassation principle number 3610

Ruling on the invalidity or binding force of an arbitration agreement. The arbitrator has no power to do so of his own motion. One of the parties to arbitration must raise it. - One of the parties to arbitration pleading invalidity of the arbitration agreement. This constitutes a preliminary issue resulting in a stay of the arbitration proceedings by operation of law. The court's contravention of this and its proceeding to decide that preliminary issue. Its effect. Its judgment is invalid in a manner that renders its parts inseverable. The party asserting invalidity has a present, existing interest in bringing the invalidity of the court's judgment on this ground before the judiciary.