(1) SPECIAL leave granted.

(2) THE facts giving rise to this appeal reveal that on 5/9/1989 respondent submitted a tender for the construction of sheds in the appellants factory which came to be accepted and a contract came to be executed. Under the terms of the contract executed on 22/9/1989 the work had to be completed by 5/6/1990. The work was in fact. not completed on or before the due date. The contract contained the Arbitration clause. It appears that the dispute which arose on account of the non-completion of the contract came to be settled by and between the parties and the settlement was reduced to writing as found in the document dated 28/12/1990 (Exh. F at p. 236. By this document the disputes and differences were amicably settled by and between the parties in the presence of the Architect on the terms and conditions set out in clauses 1 to 8 thereof. There is no dispute that the parties had, under the arrangement, arrived at a settlement in respect of disputes and differences arising under the contract then existing between the parties. This document bears the signatures of the respective parties. There is also a reference in regard to discussion that had