KCC 862/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Arbitration, General Commercial Law, General Contract Law, Trade & Freedom to Trade
Copyright
LexisNexis
Decision date
15 Dec 2004
Catchwords
Arbitration Decision – Goods Under Insurance – Export – Right to Trade Goods Under Kuwait Commerce Law
A case involved a dispute between a company and defendant over the dismissal of an arbitration ruling.
Background
A company filed a case against a defendant requesting that the court dismiss an arbitration ruling.
The court dismissed the ruling.
The defendant appealed and the appeal court upheld the ruling.
The defendant appealed by cassation.
Decision
The cassation court repealed the ruling to reconsider the case.
The court stated that the goods under insurance were not prepared to be exported abroad, only to be traded inside Kuwait. The court held that the defendant had no right to trade the goods within Kuwait under Article 23 of the Kuwait Commerce Law, Kuwait Law No. 68/1980.
The court therefore repealed the ruling.