KCC 473/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Arbitration, Appeals, Terms
Copyright
LexisNexis
Decision date
25 Jun 2005
Catchwords
Arbitration – Appeal – Quorum – Contract Terms
This case involved whether the ruling of a court appointed arbitrator could be appealed because of a lack of quorum. It could not as the arbitration agreement included a clause that the decision was non-appealable.
Background
A claimant filed a case against a defendant and requested the court to appoint an arbitrator in order to consider a dispute between two parties on a contract dated on 13/03/1999.
The court appointed an arbitrator who ruled the defendant should pay the claimant 12486.165 Dinars.
The defendant appealed the ruling before the court of cassation.
Decision
The Public Prosecution stated the defendant had no right to appeal the appealed ruling due to the lack of quorum.
The court stated this argument was valid and stated the arbitration agreement agreed by the two parties stipulated that the arbitrator's ruling of arbitrator should be considered as being the final ruling that could not be appealed.
The court dismissed the appeal.