Kuwait Court of Cassation principle number 3685

The arbitrators' award, although an adjudication determining a dispute and possessing preclusive res judicata effect. A judicial act of a special nature. The basis of that special nature. The arbitrator derives his jurisdiction from the litigants' agreement to arbitration, not from the law as is the case with a judge. The consequence of this. An appeal against the arbitrator's award is impermissible unless the litigants agree thereto before its issuance. - Exempting the arbitrator from compliance with civil procedure even if he is not empowered to settle amicably. The reason for this. His obligation nonetheless to respect the rules prescribed concerning the grounds of arbitration, respect the general principles of civil procedure, and protect the rights of defense. - Challenging the arbitrator's award by an original nullity action. Permissible exceptionally in specified cases and through special procedures. Before the court originally competent to hear the dispute. - Seeking annulment of the arbitrator's award in exhaustively specified cases. May not be used as a means of criticizing it on the same grounds that constitute grounds for appealing judgments. The reason for this.