The substantial issue for determination in this originating summons is the right of a claimant to declaratory relief to refer a dispute arising from an arbitration agreement to arbitration. All references to exhibits in this judgment shall be references to exhibits annexed to the affidavit accompanying the application of the Plaintiff The Arbitration Act 1952 shall hereafter be referred to as "the Act".

On 12 August 1996 the Plaintiff and the Defendant entered into an agreement ("the agreement") for the construction of a golf course. The agreement contained provisions for arbitration and its termination. The relevant clauses are as follows:

ARBITRATION

"14. If any dispute or difference shall arise between the parties hereto touching any cause matter or thing herein contained or the operation or construction thereof or any matter or thing in any way connected with this Agreement or the rights duties or liabilities of either party under or in connection with this Agreement then and in every such case the dispute or difference shall be referred to a single arbitrator if the parties agree upon one or otherwise to two arbitrators one to be appointed by each party and