Background

A company filed a case against an institution requesting that the department of arbitration order it to pay an amount of money plus legal interest.

The institution requested that the company pay an amount of money plus legal interest.

The department dismissed the company's request and ruled that the company pay the institution 724623.456 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the ruling stipulated that the department had the mandate to consider the case, but the plenary court should have been the body that had such mandate.

The court held that this argument was valid as the department had the mandate to consider civil and commercial cases under Article 2 of Kuwait Law No. 11/1995. The court stated that the department had no mandate to consider the dispute as one of the parties was an administrative body.

The court therefore repealed the ruling.