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
- CACV216/2003
Clause 21.1 was not an arbitration agreement but a mediation provision; it was not arguable that it constituted arbitration given language and contemporaneous correspondence showing parties treated it as mediation; clause 21.1 was in any event superseded by clause 5.5 of the 2nd supplemental agreement concerning settlement of the final account; the court did not err in refusing to stay proceedings to mediation or arbitration and was entitled to decide the issue as a matter of construction and convenience.