Kuwait Court of Cassation principle number 3736

Determining the scope of a contract is not confined to what the contracting parties intended. Its inclusion. Of what is regarded as incidental to the contract, including supplementary and interpretative legal provisions. Example concerning an arbitration submission agreement under the New York Convention on the Recognition and Enforcement of Arbitral Awards. - Submission of the required documents by the applicant for recognition and enforcement of the arbitrators’ award. Its effect. Establishment of a rebuttable legal presumption of the validity of the arbitration award as regards the constitution of the tribunal and its conformity with the intentions of both parties and the legal provisions supplementing and interpreting those intentions under the law of the country in which the arbitration took place. The other litigant may rebut that presumption.