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 collectionتعيين المحكمين وعدم صلاحيتهم وردهم وتنحيهم
Principle 3647The prohibition on challenging a judgment appointing an arbitrator. Its criterion. Appointment of the person of the arbitrator. The judgment's determination of a preliminary issue upon whose resolution granting the requePleadings — Part Three · Source page 626- Principle 3648Grounds for challenging an arbitrator. Their condition. They must have arisen or become apparent after his selection. - Inferring the parties' knowledge or ignorance of the ground for challenging the arbitrator or his diPleadings — Part Three · Source page 626
- Principle 3649The arbitrator’s impartiality is one of the fundamental safeguards of litigation before arbitrators. Consequence. An arbitrator may be challenged on the same grounds on which a judge may be challenged or deemed disqualifPleadings — Part Three · Source page 626
- Principle 3650Arbitral tribunals. Their subjection to the provisions regulating arbitration in the Civil Procedure Law insofar as these do not conflict with their provisions. - An application to recuse a judge. Its withdrawal has no ePleadings — Part Three · Source page 626
- Principle 3651Designation in the Civil Procedure Law of the court competent to hear an application for challenge, without specifying the rule governing waiver thereof, while providing that the grounds for challenging an arbitrator arePleadings — Part Three · Source page 626
- Principle 3652Withdrawal of an application to challenge an arbitrator or abandonment of the proceedings therein after expiry of the time limit for the application. Its implication. Waiver of the right to challenge. - Waiver of the rigPleadings — Part Three · Source page 626
- Principle 3653An arbitrator may be recused for the reasons for which a judge may be recused. - Withdrawal of an application to recuse an arbitrator is not subject to the same rule as withdrawal of an application to recuse a judge.Pleadings — Part Three · Source page 627
- Principle 3654Inadmissibility of any application or plea in which its proponent has no existing interest recognized by law. An example concerning an application to disqualify an arbitrator.Pleadings — Part Three · Source page 627
- Principle 3655Prohibition on challenging a judgment appointing an arbitrator unless the judgment exceeds this scope. The reason for this. An example of a judgment's susceptibility to appeal.Pleadings — Part Three · Source page 627
- Principle 3656Arbitral tribunals are subject to the provisions of Law 11 of 1995 concerning judicial arbitration and the provisions of the Procedure Law insofar as they do not conflict with the provisions of the first law. - An arbitrPleadings — Part Three · Source page 627
- Principle 3657An arbitrator may be challenged on the same grounds as a judge. - Grounds for challenging an arbitrator. They must have arisen or become apparent after his selection and designation. Its implication. The parties' knowledPleadings — Part Three · Source page 627
- Principle 3658Arbitration and adjudication. Their similarity in the function of resolving disputes and their difference in that the former is based on the litigants’ choice of the arbitrator and their trust in him, while the latter isPleadings — Part Three · Source page 628
- Principle 3659A dispute arising from the performance of a contract. The jurisdiction of ordinary arbitration to adjudicate it. Its condition. The parties must expressly agree to adopt arbitration as the means of resolving the dispute,Pleadings — Part Three · Source page 628
- Principle 3660An application to recuse an arbitrator. The Court of Cassation has jurisdiction to determine it. Article 6 of Law 11 of 1995. - The time limit for an application to recuse an arbitrator. Its duration and method of calculPleadings — Part Three · Source page 628
رد المحكمين وفقاً للائحة مركز التحكيم التجاري لدول مجلس التعاون الخليجي
Principle 3661The Court of Cassation. Its jurisdiction to hear an application to challenge an arbitrator. The applicant for challenge is not required to deposit security. Effect. No grounds for its forfeiture. 15- Challenge of arbitraPleadings — Part Three · Source page 628طبيعة حكم المحكمين وأثره
Principle 3662Arbitration 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 Pleadings — Part Three · Source page 628- Principle 3663The validity of an arbitral award is not measured by the standards by which judicial judgments are measured. Stating its reasons in general or summary form does not vitiate it, provided that their substance involves no vPleadings — Part Three · Source page 629
- Principle 3664Exemption of the arbitrator from adherence to the rules and procedures of civil procedure. Scope of this exemption. - 629 - Civil ProcedurePleadings — Part Three · Source page 629
- Principle 3665The court not being bound by litigation procedures. Its subjection to the rules of arbitration. Art. 183 of the Civil Procedure Law. Its particulars lacking a copy of the agreement to arbitrate. Its effect. Nullity of thPleadings — Part Three · Source page 630
- Principle 3666Appointment of an arbitrator. Its procedures. Its cases. - A judgment appointing an arbitrator is not subject to appeal.Pleadings — Part Three · Source page 630
تسبيبه وإصداره
Principle 3675The arbitral tribunal’s award. The manner of its issuance, its contents, and its deposit. - The permissibility of 1 or more arbitrators declining to sign the draft award. All arbitrators who heard the pleadings must be pPleadings — Part Three · Source page 631سلطة هيئة التحكيم في فهم الواقع وتفسير المحررات
Principle 3677A foreign arbitration decision may be relied upon not as an enforceable foreign judgment but as a document among the case papers. An example. - The authority of the court of merits to examine the foreign arbitration deciPleadings — Part Three · Source page 631- Principle 3678Interpreting instruments submitted to the arbitral tribunal in the manner most faithful to the intention of their contracting parties. Within the authority of that tribunal so long as its interpretation does not go beyonPleadings — Part Three · Source page 632
أسباب بطلانه والطعن عليه
Principle 3679Understanding the facts of the action and interpreting documents. Within the authority of the arbitral tribunal. Its condition. 4- Grounds for its nullity and challenge:-Pleadings — Part Three · Source page 632- Principle 3683Judgments appointing arbitrators. Are not open to challenge by any ordinary or extraordinary means of appeal.Pleadings — Part Three · Source page 632
- Principle 3684The binding authority of the arbitrators’ award. Its prerequisite. Signature of its draft by a majority of the arbitrators, rather than unanimously, provided that the draft records the refusal of anyone refusing to sign Pleadings — Part Three · Source page 632
- Principle 3685The 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 jurisPleadings — Part Three · Source page 633
- Principle 3686An arbitral award. Its nature. - An arbitral award has the force of res judicata and may not be challenged through the procedures prescribed by the Civil Procedure Law. The exception. Bringing an action for annulment in Pleadings — Part Three · Source page 633
- Principle 3687The arbitrator’s obligation to respect the rules prescribed in the arbitration chapter, to respect the general principles of the Procedure Law, and to protect the rights of defence. - An arbitration award may exceptionalPleadings — Part Three · Source page 633
- Principle 3688A ruling annulling the arbitrators' award entails the court hearing the merits determined by that award. - The requirement to remit the action to the court of first instance whenever the challenged judgment is declared vPleadings — Part Three · Source page 633
- Principle 3690A challenge to an arbitrator's award rendered as final is brought by an original action for annulment, instituted through ordinary procedures before the court originally competent to hear the dispute, in specified cases.Pleadings — Part Three · Source page 634
- Principle 3691A challenge to an arbitrator’s award issued as final is made by an independent action for nullity brought through the usual procedures before the court originally competent to hear the dispute, in specified cases. What tPleadings — Part Three · Source page 634
- Principle 3692An application by interested persons for annulment of an arbitrator’s award in the specified cases. It must not be used as a means of challenging the award on the same grounds of challenge that constitute grounds for appPleadings — Part Three · Source page 634
- Principle 3695Challenging an arbitrator’s award by an independent action for annulment. Permissible in exhaustively specified cases. Article 186 of the Civil Procedure Law. These cases may not be used as a means of challenging the awaPleadings — Part Three · Source page 634
- Principle 3696Grounds of challenge that cannot constitute grounds for nullity of the arbitrators' award. The challenge on those grounds is in reality directed at the arbitrators' award rather than the challenged judgment. Its effect. Pleadings — Part Three · Source page 635
التحكيم بسوق الكويت للأوراق المالية
Principle 3698The appellant's bringing her action challenging the decision of the Arbitration Committee at the Kuwait Stock Exchange on grounds relating to the merits of the dispute itself and not falling within any of the cases permiPleadings — Part Three · Source page 635- Principle 3699Decisions issued by the Arbitration Committee of the Kuwait Stock Exchange. Final and enforceable, and may not be challenged by any of the methods of challenge provided for in the Civil Procedure Law. - 635 - Civil ProcePleadings — Part Three · Source page 635
- Principle 3700The decision of the Arbitration Committee at the Kuwait Stock Exchange. Its draft must be signed by the committee's chairman and members. It is valid if its original copy is signed by its chairman and secretary and its dPleadings — Part Three · Source page 636
- Principle 3701Appeal in cassation against judgments rendered by the Court of Appeal. Permissible regardless of the subject matter in which the challenged judgment was rendered, whenever it is based on a violation of the law or an erroPleadings — Part Three · Source page 636
التحكيم في منازعات الأسهم بالأجل
Principle 3703The arbitral tribunal. Its role is confined to issuing the final award binding on both parties. Enforcement of the award and recovery of the amount awarded. Are subject to the general rules. Example.Pleadings — Part Three · Source page 636- Principle 3704Judicial jurisdiction. As a rule, it belongs to the ordinary courts. - The arbitral tribunal’s jurisdiction to determine disputes concerning transactions in company shares conducted on a deferred basis. Exceptional jurisPleadings — Part Three · Source page 636
- Principle 3705General jurisdiction to determine all disputes relating to personal status, civil and commercial matters, and crimes. Vested in the courts, except as otherwise excluded. - Disputes relating to forward transactions in comPleadings — Part Three · Source page 637
- Principle 3706Jurisdiction to hear disputes concerning shares traded on deferred terms. Is vested in one of the circuits of the Court of First Instance constituted of three judges, which assumes the functions of the arbitral tribunal.Pleadings — Part Three · Source page 637
التحكيم في منازعات الأحوال الشخصية
Principle 3707The decision of the arbitral tribunal for deferred share transactions prohibiting the debtor from disposing of his assets. Its implication: divesting the debtor of the power to administer or dispose of those assets. ThisPleadings — Part Three · Source page 637- Principle 3708Judicial separation of spouses through arbitration. What justifies it. Harm inflicted by either spouse on the other by words or deeds. The criterion of harm justifying separation is the inability of persons such as them Pleadings — Part Three · Source page 637
- Principle 3709The court seeking reconciliation between the spouses before ruling on the wife's action for judicial divorce on grounds of harm. It is obliged to do so. This concerns public policy. Such reconciliation proving impossiblePleadings — Part Three · Source page 637
- Principle 3710Disagreement among the three arbitrators in identifying which spouse is at fault. The judgment's nevertheless granting divorce. No defect.Pleadings — Part Three · Source page
- Principle 3711Appointment of arbitrators. The general rule. One should be from the husband's family and the second from the wife's family. The reason and basis for this. Appointment of the wife's father as her arbitrator is permissiblPleadings — Part Three · Source page
- Principle 3713Appointment of the two arbitrators. Its condition is the court's inability to effect reconciliation. Repeated complaints by the wife are not required by the statutory provision. Article 126 of Law 51 of 1984.Pleadings — Part Three · Source page
- Principle 3714An action for judicial divorce on grounds of harm. The court must attempt reconciliation between the spouses. Impossibility thereof. Its necessary consequence. Appointment of two arbitrators from the spouses' families. APleadings — Part Three · Source page