ECC 291/70

This case involved a request to dismiss an arbitration ruling because the subject of the case had not been clearly defined in the arbitration agreement. The key issue was if the court had jurisdiction to consider these matters. The court had the authority to review all aspects of the case and the arbitration agreement.

Background

A company filed a case against an association and requested the court dismiss an arbitration ruling which was issued on 28/12/1997. The company stated that the arbitration agreement had not identified the dispute subject.

The court stated it had no mandate to consider the case and referred it to the court of appeal.

The court of appeal rejected the case.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because it had maintained before the court that arbitration committee had ruled that the insurance amount should be confiscated although this request was not mentioned in the arbitration agreement.