KCC 743/2003

This case involved a request for a demand for remedies under a contract to be referred to arbitration. Experts were appointed to review the contract and concluded the amount awarded by the Department of Judicial Arbitration was not due. The arbitration request was rejected.

Background

A company made arbitration request to the Department of Judicial Arbitration and requested the department to order another company to pay 615000 Dinars and legal interest. The company stated the defendant had failed to pay the amount agreed in a contract.

The department ruled that the company should pay 100,000 Dinars in compensation.

The company appealed the ruling before the court of cassation.

Decision

The court of cassation repealed the ruling and appointed a committee of experts in order to determine whether the company had fulfilled its obligations in the contract or not.

The committee made its report and the court stated it was persuaded by the conclusions of the report and the claimant did not deserve the amount it had requested the defendant to pay.

The court rejected the arbitration request.