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Stockholm Arbitration Report (SAR)

Preview Page SAR 2004 - 1

SUBJECT MATTER: Functus officio of an arbitral tribunal.

FINDING: An invalid final award will not exhaust the arbitrators’ jurisdiction.

PARTIES:
Appellant: Hussmann (Europe) Limited
Respondent: Ahmed Pharaon (formerly trading as Al Ameen Development and Trade Establishment)

PLACE OF COURT PROCEEDINGS: London, England

APPLICABLE LAW: English Arbitration Act 1996

APPLICABLE LAW ON THE MERITS: Saudi Arabian law (Sharia law)

EXTRACT FROM THE JUDGMENT
“Lord Justice Rix:
“This is the judgment of the court.
“1. Mr Ahmed Pharaon is a businessman in Saudi Arabia. On 5 January 1990 he made a contract with Hussmann Craig-Nicol Limited, the predecessor in title of Hussmann (Europe) Limited (‘Hussmann’, the appellant), to become its sole distributor in Saudi Arabia (the ‘contract’).