[1] There are two appeals before this court. They are in respect of two related appeals by the appellant against the decision of the court of Appeal in dismissing the appellant's appeal against the decision of the High court based on common issues. Before us the parties have agreed to refer to the Records of Appeal filed under Civil Appeal No: 02-03-01/2012(W) and our decision in Civil Appeal No: 02-03-01/2012(W) will bind the parties in respect of the other Civil Appeal No: 02-02-01/2012(W).

[2] Leave to appeal was granted by this court in respect of both appeals and the questions of law framed for determination are as follows:

Question 1

Whether for the purpose of s 9(5) of the Arbitration Act 2005 , the agreement in writing where a reference is said to be made to a document containing an arbitration clause must satisfy the conditions of an agreement in writing as set out in s 9(4) of the .

Question 2

Whether an arbitration agreement in writing in respect of specific transactions, can be constituted by reference in an agreement to a document containing an arbitration clause pursuant to s 9(5) of the Arbitration Act 2005 , where:

(i) the document containing an arbitration agreement is