UNICHEM GH LTD & ANOR (PLAINTIFFS) vs. METROPOLIS HEALTH CARE (MAURITIUS) LTD. & ANOR (DEFENDANTS)

The 1st and 2nd Defendants Applicants (hereafter referred to as Applicants) pray by this application for an Order staying proceedings in the matter and for a further order referring parties to arbitration. The main contention of the Applicants is that by the agreements entered into by the parties herein, the parties are mandated to submit all disputes arising out of these agreements to arbitration in Mauritius. The Defendants/Respondents (herein after called the Respondents) resist the application on the ground that the purported agreement upon which the Applicant took over 1st Respondent Company was procured fraudulently and that the Respondents are not bound by the contents of the said purported Agreement. The core issue which I am called upon to adjudicate in this application is as to whether or not this is a proper case for the Court to refer the parties to arbitration. I have read the application and the Affidavits filed by both parties in support of their respective case. I...