Functus officio of an arbitral tribunal.
An invalid final award will not exhaust the arbitrators’ jurisdiction.
Appellant: Hussmann (Europe) Limited
Respondent: Ahmed Pharaon (formerly trading as Al Ameen Development
and Trade Establishment)
PLACE OF COURT PROCEEDINGS:
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’). At that time and for some time previously
Mr Pharaon had traded under the name of ‘Al Ameen
Development and Trade Establishment’ (the ‘Establishment’) and
it was in that name that Mr Pharaon entered into his contract with