KCC 683/2012
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Agency
Copyright
LexisNexis
Decision date
7 Feb 2012
Catchwords
Agency – Distribution Agreement – Termination – Compensation – Expert – Court Duty
The original dispute involved a claim for compensation by a sales distributor whose distribution agreement had been terminated. A key point was that the lower court should have appointed an expert to calculate the compensation. Compensation was a matter for the court to decide even when there was a pre-existing agreement between the parties on its calculation.
Background
A company, a sales distributor, filed a case N 2591/2007 at the court of first instance against another company with whom an exclusive distribution agreement had been signed in 1976 and had been confirmed by the Chamber of Commerce in 2001.It requested the court to appoint an expert to value damages and compensation suffered by the sales distributor company after the agreement ended on 31/12/2006.
On 20/05/2010, Kuwait First Instance Court rejected the case.
The sales distributor filed an appeal N 2610/2010, and the Court of Appeal upheld the ruling.
Decision