2 Jul 2003
KENON ENGINEERING LTD v. NIPPON KOKAN KOJI KABUSHIKI KAISHA
- Citation
- KENON ENGINEERING LTD v. NIPPON KOKAN KOJI KABUSHIKI KAISHA
- Court
- Court of First Instance
- Case number
- HCCT21/2003
Clause 21.1, read in context and having been shown to refer specifically to a 'Mediation Procedure' with no identifiable mediation regime and with ambiguous wording, is not an arbitration clause; there is no valid arbitration agreement obliging Kenon to refer the disputes to arbitration; the court has jurisdiction to decide that question finally and accordingly denies the stay to arbitration and grants Kenon's declaratory relief.