1. I have considered the application dated 4th June 2025 together with the affidavit sworn in support. I note that the same seeks to appoint an arbitrator in relation to the dispute between the parties.
2. I am unable to find an affidavit of service on the court record therefore it is not clear if the same has been served. Further, the arbitration agreement has not been certified as a true copy of the original.
3. The court is unable to determine therefore if the agreement relied on is genuine in the absence of the Respondent and such certification.
4. Finally, the arbitration clause relied on by the applicant does not stipulate either the institutional rules that are to apply to the arbitration, nor does it set out an appointment procedure, or the means by which the parties may commence the arbitration.
5. In my view the arbitration clause is in inoperable.
6. The application is dismissed with costs.
7. The matter is referred to mediation in relation to the substantive dispute between the parties.
8. Mention before the DR mediation on 7th August 2025. Notice to issue.
2. I am unable to find an affidavit of service on the court record therefore it is not clear if the same has been served. Further, the arbitration agreement has not been certified as a true copy of the original.
3. The court is unable to determine therefore if the agreement relied on is genuine in the absence of the Respondent and such certification.
4. Finally, the arbitration clause relied on by the applicant does not stipulate either the institutional rules that are to apply to the arbitration, nor does it set out an appointment procedure, or the means by which the parties may commence the arbitration.
5. In my view the arbitration clause is in inoperable.
6. The application is dismissed with costs.
7. The matter is referred to mediation in relation to the substantive dispute between the parties.
8. Mention before the DR mediation on 7th August 2025. Notice to issue.