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
- HCA3492/2002
Clause 21.1 is ambiguous and expressly refers to a "mediation procedure"; given the parties' trade experience and the express reference to mediation the clause cannot be construed as an arbitration agreement obliging Kenon to refer disputes to arbitration. The court has jurisdiction to determine existence of an arbitration agreement for the purposes of Article 8 and it is impracticable to refer the question back to the arbitrator in the circumstances; accordingly there is no valid arbitration agreement and NK3's stay applications fail while Kenon's declaratory relief is granted.