Kuwait Court of Cassation principle number 555

Summary: - Awards issued by judicial arbitration panels. The grounds for challenging them are exclusively those set out in the Civil and Commercial Procedure Law. - The arbitration panel’s award based its dismissal of the appellant’s principal claim on the two appellants’ breach of their contractual obligations, after being satisfied with the expert’s report and what it inferred from the case papers. Challenging this award on grounds other than those referred to in Article 10 of Law No. 11 of 1995 concerning Judicial Arbitration in Civil and Commercial Matters. Its consequence. The challenge is impermissible. Rule: Whereas Article 10 of Law No. 11 of 1995 concerning Judicial Arbitration in Civil and Commercial Matters provides that "An award issued by an arbitration panel may be challenged by cassation in the following cases: (a) Contravention of the law and error in its application and interpretation. (b) If a nullity occurs in the award or in the proceedings that affects the award. (c) If the arbitration panel rules contrary to a judgment previously issued between the same parties that has acquired res judicata effect, whether issued by the ordinary courts or by an arbitration panel. (d) If one of the grounds permitting a petition for reconsideration is established. An award issued by an arbitration panel may not be challenged by any other avenue of challenge, this indicates that the legislature established a general rule whereby an award issued by a judicial arbitration panel may not be challenged unless one of the prescribed cases for challenging it is established. That being so, and whereas the challenged award issued by the arbitration panel based its dismissal of the principal claim of the appellant in the first appeal and the two incidental claims of the appellant in the second appeal and the second respondent therein on the two appellants’ breach of their contractual obligations, after being satisfied with the expert’s report and what it inferred from the case papers and documents; and whereas the two appellants based their appeals on three grounds containing criticisms of the award regarding what it found satisfactory and its identification of the party at fault, and did not base them on any of the grounds prescribed by the aforementioned Article permitting challenges by cassation against awards issued by a judicial arbitration panel, the two appeals are therefore impermissible.