24 Oct 1997
ORIENMET MINERALS CO LTD v. WINNER DESIRE LTD
- Citation
- ORIENMET MINERALS CO LTD v. WINNER DESIRE LTD
- Court
- Court of First Instance
- Case number
- HCA14689/1996
The defendant's unilateral refusal to give the required joint undertaking to pay the appointed arbitrator's fee, without asserting that the fee was unreasonable, amounted to wrongful repudiation going to the root of the consent appointment; the plaintiff validly accepted that repudiation thereby terminating the arbitration agreement, and consequently the court stay was properly removed and the defendant's application to rescind and replace the arbitrator was dismissed.