Kuwait Court of Cassation principle number 3644

Jurisdiction to determine all disputes belongs to the courts. The exception. Agreement between the litigants to refer any dispute arising between them concerning performance of a particular contract to an arbitrator or arbitrators of their choice for determination by a ruling 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 must be had to the courts to determine it. Its effect. What is issued by the arbitral tribunal outside the scope of arbitration is not considered an award, and any litigant may resist its being invoked against him and maintain its non-existence without needing to bring an original action to set it aside. - Defining the scope of the arbitration agreement as disputes arising between the parties to the agreement concerning its interpretation or performance of the obligations arising from it. Its effect. A dispute by one against the other concerning its invalidity or its unenforceability against him because the person representing the principal in contracting exceeded the limits of his representation without his permission. It falls outside the scope of arbitration. The consensually appointed arbitrator lacks jurisdiction to hear the dispute concerning it. The arbitral award ruling on this claim. It does not acquire res judicata effect preventing the court of the merits vested with jurisdiction from determining it. 14- Appointment of arbitrators, their disqualification, challenge and withdrawal:-