ECC 2608/67
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Arbitration, General Civil Procedure & Administration of Justice, General Company Law & Business Entities, General Contract Law
Copyright
LexisNexis
Decision date
22 Mar 1999
Catchwords
Judicial Set-off – Court – Arbitration – Partner – Contract
This case involved a claim by two partners that their third partner be forced to pay an amount he had refunded an American company and had agreed in writing he would pay his partners. There was a counter claim by the partner that they owed him amounts which exceeded this. The court had been wrong not to send the third partner's request for a judicial set off to arbitration.
Background
Two business partners filed a case before Djiza Court of First Instance against their third partner requesting him to pay a compensation of $132000 because he had not respected a written agreement to pay his partners the amount he had refunded an American company he had a dispute with.
The defendant filed a claim to appoint an expert to determine the amounts he owes his partners and what they owe him because they had not paid their debt to him which exceeded the amount of damage he paid.
The Court of First Instance rejected the original case and requested the partners pay the third partner $140.459.The partners filed an appeal and the Court of Appeal confirmed the Court of First Instance ruling.
Decision