Securing Contractual Rights: Al-Arbash International Law Centre’s Triumph in Recovering Debt for Subcontractor against Deputy Minister of Electricity and Water

In the matter of the contentious proceedings involving the client of Al-Arbash International Law Centre, a firm subcontracted by the state, and the Deputy Minister of Electricity and Water, a pivotal judgment has been promulgated. The crux of the dispute pertained to the remuneration for services rendered by the client entity, specifically regarding the replacement, maintenance, and installation of electricity and water meters across the governorates of Al-Asimah, Al-Farwaniyah, and Al-Jahra. These services were executed in strict conformity with the contractual terms mutually agreed upon by the involved parties.

The court appointed an expert to meticulously examine the accounts and determine the legitimate entitlement of the parties. The expert’s report conclusively affirmed that the client of Al-Arbash International Law Centre was rightfully entitled to a sum of 305,000 Kuwaiti Dinars, this sum representing the valuation of the work performed.

In due course, the Court of First Instance delivered a judgment, compelling the Deputy Minister of Electricity and Water and another, jointly, to remit to the client the aforementioned sum of 305,000 Kuwaiti Dinars. Nevertheless, the court dismissed the plea for statutory interest, quantified at an annual rate of 7%, accruing from the date of default, being the 23rd of March, 2015, until the complete settlement of the debt, quantified at 305,000 Kuwaiti Dinars, citing the procrastination in the discharge of the debt.

Dissatisfied with the exclusion of statutory interest from the adjudication, Al-Arbash International Law Centre lodged an appeal, contending the client’s indisputable right to the statutory interest of 7% per annum from the date on which the debt was rightfully due.

The Court of Appeal, upon scrupulous deliberation of the case merits and the legal submissions litigated by the lawyer, Mrs Mona Abdullah Al-Arbash, upheld the appeal. It decreed that the state bears the liability to compensate the client with interest at the rate of 7% per annum on the sum of 305,000 Kuwaiti Dinars from the date of the judgment until the indebtedness is fully discharged.

This judgment, vindicating the client of Al-Arbash International Law Centre, epitomises a significant legal triumph, accentuating the paramount importance of diligent legal representation, the enforcement of contractual commitments, and the sanctity of the legal process in resolving commercial disputes.

Mona AlArbash

Lawyer

Founder of Al-Arbash International Law Centre