Cassation principles Pleadings — Part Three
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles
Search this collectionطبيعة الاتفاق على التحكيم وأثره
Principle 3574An arbitration agreement is a contract, but it can be proved only in writing. The rationale is to avoid dispute over proof of its contents. - 611 - Civil ProcedurePleadings — Part Three · Source page 611- Principle 3575A plea of lack of jurisdiction is a procedural plea. It must be raised before any application; otherwise, the right to raise it lapses, unless jurisdiction concerns public policy. - Resort to the courts in a matter agreePleadings — Part Three · Source page 612
- Principle 3576Arbitration is an exceptional means of resolving disputes, provided that it can be carried out. An example of an arbitrator issuing an award on some of the claims and finding that he lacks authority to consider another pPleadings — Part Three · Source page 612
- Principle 3578The arbitrators' award. A judicial act of a special nature in which the arbitrator derives his jurisdiction from the agreement to appoint him as arbitrator. The effect of this. Arbitration is confined to the arbitrators'Pleadings — Part Three · Source page 612
- Principle 3579A party's recourse to the judiciary in a matter agreed to be referred to arbitration constitutes a violation of the rules of functional jurisdiction. Jurisdiction in this respect does not relate to public policy. Its effPleadings — Part Three · Source page 612
- Principle 3580Permissibility of defining the subject matter of the dispute in the agreement to arbitrate even if the arbitrator is authorised to act as an amiable compositeur.Pleadings — Part Three · Source page 612
- Principle 3581Suretyship. Its nature. Independence of the suretyship contract from the original debt contract in its parties and subject matter. The effect thereof. The arbitration clause contained in the latter contract does not applPleadings — Part Three · Source page 612
- Principle 3583The arbitrator derives his authority from the arbitration agreement. Its implication. The judge’s verification of the concurrence of the intentions of its two parties.Pleadings — Part Three · Source page 613
- Principle 3584Agreement to arbitrate. Consequence. Arbitration becomes mandatory in every dispute concerning a claim for the value of what has been performed.Pleadings — Part Three · Source page 613
- Principle 3585Arbitration does not encompass urgent matters. Unless expressly agreed otherwise. - An agreement to arbitrate extends to the merits of the dispute, not its urgent aspect.Pleadings — Part Three · Source page 613
- Principle 3586The court of merits has authority to interpret contracts and conditions where its interpretation is one their wording can bear and does not depart from their apparent meaning. Clarity of the wording of the contract. It mPleadings — Part Three · Source page 613
- Principle 3587A plea of lack of functional jurisdiction where a party resorts to the courts in a matter agreed to be arbitrated. Does not concern public policy. The effect thereof. The right to raise it lapses if raised after addressiPleadings — Part Three · Source page 613
- Principle 3588A plea of lack of jurisdiction due to the existence of an arbitration clause. It does not concern public policy. It must be raised before addressing the merits, otherwise the right to invoke it lapses. - Addressing the mPleadings — Part Three · Source page 613
- Principle 3589Arbitration is an exceptional means of resolving disputes, provided that its implementation is possible. - The plea does not concern public policy. The effect thereof.Pleadings — Part Three · Source page 614
- Principle 3590Interpretation of contracts and disputed conditions. Within the authority of the court of the merits. The condition for this. An example concerning interpretation of an arbitration clause.Pleadings — Part Three · Source page 614
- Principle 3591A litigant’s recourse to the courts in a matter agreed to be arbitrated constitutes a violation of the rules of functional jurisdiction.Pleadings — Part Three · Source page 614
- Principle 3592A request to remove a partner and substitute another in his place in a dispute arising from performance of a company contract containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affectePleadings — Part Three · Source page 614
- Principle 3594A plea of lack of jurisdiction in disputes agreed to be submitted to arbitration. It does not relate to public policy. What follows from this plea. The right to raise it lapses if it is raised after addressing the meritsPleadings — Part Three · Source page 614
- Principle 3595Arbitration is a contract concluded by offer and acceptance. Writing therein is a requirement of proof, not formation. - The consent of the parties to the dispute to submit it to an arbitrator instead of the competent coPleadings — Part Three · Source page 614
- Principle 3596The law does not require the arbitration submission agreement or the arbitration clause incorporated in the original contract to state the subject matter intended for arbitration in a particular manner or with a particulPleadings — Part Three · Source page 615
- Principle 3598Invoking against the insured the conditions concerning nullity, forfeiture or arbitration contained in the insurance policy. Its condition. Displaying them distinctively. Determining this. A matter of fact.Pleadings — Part Three · Source page 615
- Principle 3599A party's recourse to the courts in a matter agreed to be submitted to arbitration. A violation of the rules of functional jurisdiction. This does not concern public policy. - A plea of lack of jurisdiction not concerninPleadings — Part Three · Source page 615
- Principle 3600Arbitration is a judicial act of a special nature. What this means and its effect. - Incorporating a copy of the agreement to arbitrate in the arbitrator's award. An essential and necessary particular for which no other Pleadings — Part Three · Source page 615
- Principle 3601An arbitration submission agreement. Does not in itself constitute a measure interrupting limitation. The exception. The debtor’s acknowledgment therein of the creditor’s right and the restriction of arbitration to the aPleadings — Part Three · Source page 616
- Principle 3602An arbitration submission agreement. Does not interrupt limitation. - Inferring the existence of the debtor's acknowledgment of the debt contained in the arbitration submission agreement as a ground for interrupting limiPleadings — Part Three · Source page 616
- Principle 3603Arbitration is an exceptional means of resolving disputes. It is confined to what the parties to arbitration intend to submit to the arbitral tribunal. - Resolution of disputes through arbitration. Permissible through arPleadings — Part Three · Source page 616
- Principle 3604Arbitration is a judicial act of a special nature. The meaning and effect of this. The proposition that the judge of the principal matter is the judge of the ancillary matter cannot be stated without qualification in relPleadings — Part Three · Source page 616
ما لا يعد اتفاقاً على التحكيم
Principle 3607The Minister of Justice is legally authorized to issue the decisions necessary to regulate registration on the lists of arbitrators and the procedures for selecting and replacing them. - The arbitrator. He is not requirePleadings — Part Three · Source page 617المحكمة المختصة بنظر ما لا يشمله الاتفاق على التحكيم
Principle 3608Disputes arising from the performance of a contract. Agreement to resolve them by reconciling positions. This is not considered a choice of arbitration as known in law, but rather amicable settlement of the dispute. FailPleadings — Part Three · Source page 617المحكمة المختصة بنظر الدفع ببطلان الاتفاق على التحكيم
Principle 3609Jurisdiction to determine all disputes belongs to the courts. The exception. Agreement between litigants to refer disputes arising between them concerning performance of a particular contract to an arbitrator or arbitratPleadings — Part Three · Source page 617- Principle 3610Ruling on the invalidity or binding force of an arbitration agreement. The arbitrator has no power to do so of his own motion. One of the parties to arbitration must raise it. - One of the parties to arbitration pleadingPleadings — Part Three · Source page 618
إجراءات نظر التحكيم
Principle 3615Setting out the reasons for the arbitrators’ award in general or summary terms. Does not vitiate it. The basis thereof.Pleadings — Part Three · Source page 619- Principle 3616An arbitrator’s award is a judicial act of a special nature. The basis thereof. Its effect. - Appeal against an arbitrator’s award is impermissible unless the litigants agree otherwise before its issuance. - The cases ofPleadings — Part Three · Source page 619
- Principle 3617Appeal against an arbitral award. The general rule is that it is not permissible. The means of challenging it is an independent action for annulment in certain exhaustively specified cases. These cases must not be used aPleadings — Part Three · Source page 619
عدم تعلق الدفع بسبق الاتفاق على التحكيم بالنظام العام
Principle 3618The arbitrator must render an award within six months from the date on which both parties to the proceedings are notified of the arbitration hearing, if the parties have not stipulated a time limit for the award in the aPleadings — Part Three · Source page 619مشارطة التحيكم
Principle 3619A party's recourse to the courts in a matter agreed to be submitted to arbitration. A violation of the rules of functional jurisdiction. This does not concern public policy. - 619 - Civil Procedure - A plea of lack of juPleadings — Part Three · Source page 619التحكيم بالقضاء والتحكيم بالصلح
Principle 3625Ruling on the nullity or binding effect of the arbitration agreement. The arbitrator has no power to do so of his own motion. One of the parties to the arbitration must invoke it. - One of the parties to the arbitration Pleadings — Part Three · Source page 621التنظيم القانوني الذي يخضع له اتفاق التحكيم
Principle 3628The finality of a judgment appointing an arbitrator does not extend beyond its scope. What exceeds that. Is appealable under the general rules. Contravening this. An error in application requiring cassation of the judgmePleadings — Part Three · Source page 622- Principle 3629The prohibition on challenging a judgment appointing an arbitrator. Its prerequisite. The judgment deciding an issue or the granting of the request to appoint the arbitrator resulting. Its effect. The judgment may be chaPleadings — Part Three · Source page 622
قاضي الأصل هو قاضي الفرع لا محل لإعمالها في التحكيم
Principle 3631Arbitration is an exceptional avenue of litigation confined to what the intentions of its parties encompass. The implication thereof. A litigant’s recourse to the courts in a matter agreed to be subject to arbitration. APleadings — Part Three · Source page 622تشكيل هيئة التحكيم ونطاق اختصاصها
Principle 3634Disputes arising from a contract-agency agreement. The court within whose district the place of performance of the contract lies has jurisdiction over them, as an exception to the rules of jurisdiction. The reason for thPleadings — Part Three · Source page 623- Principle 3635A request by a debtor subject to Law 41 of 1993 for permission to sell the bonds pledged as security for the debt purchased by the State pursuant to that Law. Permitted by the Law's Implementing Regulations. This does noPleadings — Part Three · Source page 623
- Principle 3636The legislature vested the Administrative Circuit of the Court of First Instance exclusively with jurisdiction to adjudicate administrative disputes. The arbitral tribunal lacks jurisdiction to hear arbitration proceedinPleadings — Part Three · Source page 623
- Principle 3637Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunal. - The arbitrator has no power himself to rule on the nullity or validity of the arbitration agreement that granted himPleadings — Part Three · Source page 624
- Principle 3638Jurisdiction to examine a plea of nullity of the contract in which arbitration was agreed lies with the ordinary courts. The basis thereof. Contravention thereof. An error in the application of the law and a deficiency rPleadings — Part Three · Source page 624
- Principle 3639Arbitration derives its force from the litigants’ agreement. - The purpose of resorting to arbitration. - The arbitral tribunal. How it is constituted.Pleadings — Part Three · Source page 624
- Principle 3640The Central Bank of Kuwait is authorized to purchase the total distressed indebtedness of Kuwaiti customers owed to banks, investment companies, and Kuwait Finance House. The condition for this. Such indebtedness must haPleadings — Part Three · Source page
- Principle 3641The arbitration tribunal. Its jurisdiction to determine civil and commercial disputes concerning which the law on arbitration was enacted. - The judgment characterizing the disputed contract as an administrative contractPleadings — Part Three · Source page
- Principle 3642Decrees and decisions issued by the State during and after the Iraqi invasion to protect the public interest, the State's economic system, and the integrity of banknotes. Their issuance by the State as a governing authorPleadings — Part Three · Source page
- Principle 3644Jurisdiction 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 aPleadings — Part Three · Source page