SCA 3107/2016
This case involved a dispute which had been refused by the courts because of an arbitration clause. However, the arbitration committee had ruled to cease the procedures. The question was could it be returned to the courts when they had previously decided on it.
Background
A company said that it had previously filed a case and that the court at the time refused to consider it due to the existence of an arbitration clause. The company said that the committee of arbitration ruled that the procedures of the arbitration should be ceased in accordance with Article 41 of Saudi Arabia Royal Decree No. M34/1433. The company said that the consideration of the case therefore returned to the court. It requested the court to order another company to pay some amounts of money. It said that the other company had ailed to commit to its obligations in accordance with the signed contract.
The court said that the conditions of the signed contract could not be ended unless with the will of its parties. The court said that the arbitration clause therefore still existed.
The court refused to consider the case because it was previously settled.