7 May 2004
KENON ENGINEERING LTD v. NIPPON KOKAN KOJI KABUSHIKI KAISHA
- Citation
- KENON ENGINEERING LTD v. NIPPON KOKAN KOJI KABUSHIKI KAISHA
- Court
- Court of Appeal
- Case number
- CACV214/2003
Clause 21.1 was not an arbitration agreement: its wording and contemporaneous correspondence showed the parties intended mediation; the clause was ambiguous but not reasonably arguable as an arbitration clause; clause 21.1 was superseded by clause 5.5 of the 2nd supplemental agreement covering settlement of the final account; given that the arbitration point was not arguable the court properly exercised its concurrent jurisdiction and discretion in refusing to stay proceedings.