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| Table of Content |
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| 1. defendant's application for a stay in favour of arbitration based on previous contracts is challenged. (Para 1 , 2 , 19) |
| 2. court's approach to determining the applicability of arbitration agreements. (Para 22 , 23 , 24) |
| 3. settlement agreements can challenge previous arbitration clauses effectively. (Para 25 , 26 , 27) |
| 4. dispute resolution clauses in agreements can be interpreted to allow court proceedings instead of arbitration. (Para 38 , 39 , 41) |
J U D G M E N T
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1.
By a summons dated 12 February 2025, the Defendant applies for an order that these proceedings be stayed in favour of arbitration. The application is made pursuant to
2. In gist, the issue between them is as to the effect of a settlement agreement entered into between the parties on 11 November 2024 (the “Settlement Agreement”) on an arbitration clause in a contract entered into by the parties on 13 June 2024 (the “Contract”). The Plaintiff argues that the terms of the Settlement Agreement displac
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