7 May 2004
NIPPON KOKAN KOJI KABUSHIKI KAISHA v. KENON ENGINEERING LTD
- Citation
- NIPPON KOKAN KOJI KABUSHIKI KAISHA v. KENON ENGINEERING LTD
- Court
- Court of Appeal
- Case number
- CACV215/2003
Clause 21.1 of the subcontract was not an arbitration agreement but a mediation clause; it was not arguable that it constituted an arbitration agreement in context and, in any event, was superseded by clause 5.5 of the 2nd supplemental agreement dealing with settlement of the final account; where the question is a pure issue of construction and the arbitration point is not arguable the court may determine the matter rather than refer it to the arbitrator; the trial judge did not err in refusing to stay the proceedings.