Originally from International Arbitration Court Decisions - 3rd Edition

JUDGMENT BY THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) RENDERED ON 4 MARCH 2003 IN CASE [2003] EWCA CIV 266

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’). 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 Hussmann. That was a registered trading name on the Saudi Arabian commercial register, and it remained on the register until 16 February 1994, when it was deleted.