JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This is an appeal ("this Appeal") against the decision of the learned Sessions Court Judge ("SCJ") on 24 March 2021, dismissing the Appellant's application for stay of proceedings pending arbitration pursuant to s 10 of the Arbitration Act 2005 ("Arbitration Act"). For ease of reference, the Appellant and Respondent will be referred to respectively as the Defendant and Plaintiff.

The Factual Background

[2] The Plaintiff, an individual, had entered into a distributorship agreement ("Distributorship Agreement") with the Defendant, a multilevel marketing company, which provided the Plaintiff with the right to participate in the direct sales of the Defendant's products to consumers.

[3] The specific terms and conditions of the Distributorship Agreement were also contained in a document referred to as the E Excel Policies and Procedures ("EEPP").

[4] Disputes arose between the parties and the Plaintiff commenced an action in the Sessions Court. The Defendant applied for a stay of proceedings pending arbitration pursuant to an arbitration agreement in cl 1.3 of the EEPP. The learned SCJ dismissed the application and as a result thereof, the