ELAND INTERNATIONAL COMPANY LTD vs. NATIONAL INVESTMENT BANK LTD, ELAND INTERNATIONAL GHANA LTD

RULING This is a ruling on Motion on Notice to refer Action to Arbitration and for stay of proceedings pursuant to section 6 (1), (2) and (3) of the Alternative Dispute Resolution Act, 2010 (Act 798) and Order 19 Rules 1 and 4 of CI47 of 2004. The applicants’ case underlying this application simply put is that there is Collateral management Agreement (exhibit EIGL1) between the parties to this suit for the supply of rice and other commodities. That the defendant respondent was to manage the goods, take care of sales and cause proceeds to be paid to the Plaintiff. That a 2004 agreement between the same parties (EIGL2) set out the pattern of trade and role of the parties. By clause 6 of this exhibit EIGL2 there is reference to arbitration in the event of any differences arising. Applicant goes on that Plaintiff in its claim talks about the supply of rice and the defendant respondent not being able to account for those supplies and therefore this dispute falls within the purview of th.....