Judgment of 10 November 1993
Tunisian Court of Cassation
XXIII Y.B. Comm. Arb. 770 (1998) (Tunisian Cour de Cassation)
- Written by Alexander Hager-DeMyer, JD
Facts
Société d’Investissement Kal (Kal) (plaintiff) was a Tunisian construction company owned primarily by nationals of Saudi Arabia. Kal hired Tunisian architects (defendants) to draw plans for a new Tunisian resort. The contract with the architects included a clause that referred all contract disputes to arbitration through the International Chamber of Commerce (ICC) in Paris. The parties disputed the project fees and arbitrated the dispute through the ICC. The arbitrator ruled in favor of the architects. Kal refused to honor the award, and the architects filed suit against Kal. Tunisian lower courts denied enforcing the award, finding that Tunisia made only the commercial reservation under the New York Convention and that architectural work was not considered commercial under Tunisian law. The case was appealed to the Tunisian Court of Cassation.
Rule of Law
Issue
Holding and Reasoning ()
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