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The Plaintiff : Saudi Arabian Company.
“Sub
Contractor”
The Defendant :
Hyundai Engineering ِAnd Construction
(Korean Co.) “Main Contractor”
The Matter : Arbitration
This case is about a litigation between a main
contractor and a sub- contractor. The contract between them provided that : any
disputes occurred should be settled in terms of Saudi’s arbitration law.
At the end of the preliminary phase of
arbitration, the Korean company lost the the case with a due compensation of
(42) million S.R to the sub-contractor (The Saudi co.).Accordingly, the sub-
contractor tried to enforce this award by the power of police.
In the second phase,
Dr.Khedr was representing Hyundai - through The Hajeilan Law Firm.
Although their case was
hopeless, he did his best to search for a legal way through the Saudi Arbitration
Law so as to have the right to review this award, which was considered final by
the court. The solution was in article (21) of the arbitration Law which states
that: “The award issued by the arbitrators is gaining the same power of the judgements issued by the competent court that certified the award”.
This obligatory
award was issued by a preliminary commercial circle (court) at the Board of
Grievances, so, Dr.Khedr wrote immediately a petition in the same meaning to the
chairman of the Board of Grievances who accepted it and permitted to present an
additional appeal to the High Review Committee (as a first precedent).
Accordingly,
Dr.Khedr
began a thorough study to determine the important legal aspects, which were
passed by both the arbitrators and the preliminary court. He presented the new
appeal and it was accepted formally by the High Review Committee. Finally, the
judgment came for his client’s benefit , and the amount demanded by the
preliminary court (S.R. 42 million ) was reduced to (S.R. 22 million ).
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