[1] The issue before this Court was a rather familiar one with respect to the Defendant's application under s 10(1) Arbitration Act 2005 (" AA 2005") for a stay of the proceedings pending reference to arbitration as there was a clear arbitration clause in the disputes that have arisen between the parties in the construction contract.

[2] This Court in making the stay order had exercised its discretion under s 10(2) AA 2005 and imposed a condition that the Defendant do proceed with the arbitration within 30 days from the date of the order.

[3] It is against the condition imposed that the Defendant had appealed and so this judgment will focus on the reasons for such a condition imposed and for completeness, it shall also deal briefly with the merits for the stay app