Kuwait Court of Cassation principle number 2429

Jurisdiction to determine all disputes belongs to the courts. The exception. An agreement between the litigants to refer any dispute arising between them concerning performance of a specified contract to an arbitrator or arbitrators they select to determine it by an adjudication having the nature of court judgments. - The arbitrator derives his jurisdiction from the litigants’ agreement. Matters not encompassed by the agreement. Their falling outside the scope of arbitration. Recourse must be had to the courts to determine them. Its effect. What is issued by the arbitral tribunal outside the scope of arbitration. Is not considered a judgment, and either litigant may resist its being invoked against him and plead its non-existence without the need to bring an original action to set it aside. - 419 - Commercial - Defining the scope of the arbitration agreement by reference to disputes arising between the parties to the agreement concerning its interpretation or performance of the obligations arising from it. Its effect. A dispute by either against the other concerning its invalidity or ineffectiveness against him because the person representing the principal in contracting exceeded the limits of his representation without his permission. Its falling outside the scope of arbitration. The consensually appointed arbitrator lacks jurisdiction to hear the dispute concerning it. The arbitral award’s determination of this claim. Does not acquire res judicata effect preventing the trial court having jurisdiction from determining it. - Sub-investment contract:-