BCC 886/2015
This case involved unpaid services on a building. A key issue was whether the court had jurisdiction as the contract had an arbitration clause but also stated any dispute would fall under the jurisdiction of the Bahraini courts.
Background
A company filed a case against a defendant before the court. She requested the court to order the defendant to pay 3280 Dinars. She said that the defendant had failed to pay the fees of services conducted by them on his building.
The court dismissed the case.
The company appealed the ruling before the court of appeal. The court ruled that the case should not be considered because there was an arbitration clause in the contract signed between the two parties.
The company appealed the ruling before the court of cassation. They said in their grounds of appeal that the appealed the ruling had erred in the application of law. They said that the court had refused to consider the case due to the existence of the arbitration clause though the mentioned clause stipulated that the consideration of any dispute should fall under the jurisdiction of the Bahraini courts.