WAKACHIKU CONSTRUCTION CO. LTD.

WAKACHIKU CONSTRUCTION CO. LTD. VS.
ROAD DEVELOPMENT AUTHORITY

SUPREME COURT
SALEEM MARSOOF, PC.,J.
SRIPAVAN J. AND
IMAM,J.
S. C. MISC. 01/2011
H. C. (ARB) NO. 2404/2010
FEBRUARY 6TH, 2012

Arbitration Act No. 11 of 1995 - Sections 7(3)(b),32 - When parties unable to reach an agreement as to the appointment of an Arbitrator or Arbitrators, any party may apply to the High Court to take necessary measures towards the appointment of the Arbitrator or Arbitrators - Inherent jurisdiction of Court?

The Petitioner is a foreign construction company which was engaged in construction work for the Respondent. Disputes had arisen between the Petitioner and the Respondent during the course of the construction works. The Petitioner referred the said disputes first to the Engineer and then to the Adjudicator in terms of the provisions of the Condition of contract. Being dissatisfied with the decision of the adjudicator, the Petitioner referred the said disputes to Arbitration. The Petitioner nominated three foreign Arbitrators and requested the Respondent to select one of them to serve as an Arbitrator with the stipulated time period of 21 da

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