DCC 263/2007

This case involved an arbitration decision which was annulled by the court. When this happened if the parties did not agree on a new arbitration agreement and appointment of new arbitrators the court would have jurisdiction.

Background

A Respondent filed the action No 232/2004 against a number of parties. The Appellant demanded the nomination of an arbitrator for the Fourth Defendant and another who would to be the president of the arbitration committee with another individual as arbitrator for the Plaintiff and that the action be referred to arbitration to look into the dispute and dissolve the companies which were the First, Second Defendants and liquidate them and show the value of the work which had been done by the Fourth Defendant and order them to pay the demanded amount. In addition, the Plaintiff requested that the arbitrators be mandated to resolve the dispute and deposit their judgment at the clerk's office of the court according to Article 213(1) of Federal Law No. 11/1992.