KCC 56/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Litigation Procedure & Practice, General Personal Injury, Arbitration, Contract & Conditions of Employment, Compensation, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
9 May 2005
Catchwords
Litigation Procedure – Personal Injury – Arbitration Clause – Employment Contract – Compensation – Jurisdiction – Settlement
This case involved a claim by an employee for compensation for a workplace injury. The court referred the case to an arbitration committee because there was an arbitration clause in the employment contract but the arbitration committee stated it lacked the mandate to hear the case. The case went back to the courts. The employee's argument that they deserved compensation because of a condition in the employment contract was rejected as the case had been previously settled.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay compensation for a workplace injury. The department referred the case to the court.
The court referred the case to the arbitration committee due to the existence of an arbitration clause.
The arbitration committee stated is had no mandate to consider the case.
The employee made a plea for reconsideration. The court said that the employee had no right to make the plea.
The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision