JUDGMENT

Roz Mawar Rozain J:

[1] On 18 June 2025 this Court dismissed the Appellant's application for an extension of time (encl 3) to file its notice of appeal out of time against part of the Sessions Court 's decision dated 6 February 2025. Accordingly, its prayer to file the Appeal Records out of time was also dismissed.

[2] The Appellant today has filed an appeal to the Court of Appeal against this Court 's decision.

Background Facts

[3] On 6 February 2025 the Sessions Court allowed the Respondent's application for a stay of proceedings at the Sessions Court under s 10 of the Arbitration Act 2005 (AA). The Respondent sought that the assessment of damages that arose from the setting aside of a Mareva Injunction Order dated 15 November 2023 proceed without prejudice to the stay of proceedings granted. The reasons relied on by the Respondent to proceed with the assessment of damages were:

(a) The Mareva Injunction Order that was set aside by the Sessions Court was not subject to the arbitration clause contained in the agreements between the Appellant and the Respondent;

(b) encl 60 (the assessment of damages) was not a matter than can be litigated through arbitration;

(c) It c