Edgar Joseph Jr SCJ:

This is an appeal from the judgment of Mr Judicial Commissioner Ee Chin Seng ("the Judge") dismissing an appeal from the decision of the Senior Assistant Registrar ("the Registrar") refusing an application for stay of an action commenced by the appellant ("the Contractor") against the respondent ("the Sub- Contractor") under s. 6 of the Arbitration Act 1952 , ("the Act"), which provides:

If any party to an arbitration agreement or any person claiming through or under him commences any legal proceedings against any other party to the arbitration, or any person claiming through or under him, in respect of any matter agreed to be referred to arbitration, any party to the legal proceedings may, before taking any other steps in the proceedings, apply to the Court to stay the proceedings, and the Court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement, and that the applicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration, may make the order staying the proceedings.

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