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 ).