KCC 671/2004

This case involved a request that a defendant be disqualified from considering an arbitration. It was claimed that the arbitration agreement was invalid because it had been signed following intimidation. However, as this defence had not been put forward by the company the court did not need to consider it.

Background

A company filed a case against the defendants and requested the court to disqualify the defendant for considering an arbitration.

The court stated it had no mandate to consider the case.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation and that the arbitration document should be invalid because it was signed under intimidation and they had provided the court with the documents which proved this claim.

The court said that this argument was invalid because the court is obliged to consider the cases and the defence provided by the disputed parties and it cannot be called to consider a defence that has actually not been introduced by the company.

The court dismissed the appeal.