BCC 286/2008
Background
A contractor filed a case against an owner of a building before the court requesting the appointment of an arbitrator to settle a dispute between the two parties. The contractor said that he had finished contracting work for the owner and they still owed him 21900 Dinars.
The court ruled that an arbitrator should be appointed in order to settle the dispute.
The owner appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The owner appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had a contradiction of material documentary evidence. It was said that the court ruled that an arbitrator should be appointed in line with the contract though dispute between the two parties did not extend to the application of the contract conditions. The owner said that the contractor owed him 5612 Dinars.