Kuwait Court of Cassation principle number 3662

Arbitration is an exceptional means of litigation confined to what its parties intend. The implication thereof. - 628 - Civil Procedure A party’s resort to the courts in a matter agreed to be arbitrated. A breach of the rules of functional jurisdiction. - The existence of a special law. Its effect. No recourse to the general law except as to provisions omitted by the special law. The reason for this. - Agreement by the parties to the dispute that arbitration proceedings conducted pursuant to an arbitration submission agreement between them are subject to the rules and provisions of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council and to the Civil and Commercial Procedure Law on matters for which no special provision appears in that submission agreement. Its effect. This special law—Law 4 of 2002 concerning the State of Kuwait’s approval of the establishment of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council—is the applicable law and restricts the general law except where no provision exists. - The means of challenging arbitrators under Article 17 of the Regulations of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council. Is recourse to the Centre’s Secretary-General. The appellant’s institution of an action before the court seeking to challenge the arbitrators. Recourse to a body lacking jurisdiction to hear the dispute. The judgment’s adherence to this. No defect. - Arbitral awards:- 1- The nature and effect of arbitral awards: