Kuwait Court of Cassation principle number 3659

A dispute arising from performance of a contract. Jurisdiction of ordinary arbitration to determine it. Its condition. The parties must expressly agree to adopt arbitration as the means of resolving the dispute, and the arbitrators must be appointed in that same agreement or in a separate agreement. Failure to appoint the arbitrators. Their appointment is effected by the court originally competent to hear the dispute, upon the request of a party through the ordinary procedures for bringing an action. Articles 173, 174, 175 of the Law of Procedure.