A.A.MINERALS LTD (PLAINTIFF) vs. ALTROM S. A. (DEFENDANT)

The court will refuse the application filed on the 6th September 2018 for an order to strike out the plaintiff’s suit for the following reasons: Without seeking to go into the merits of the action before the court at this stage, at least prima facie evidence has been placed before the court to show that the parties herein did not, strictly, comply with the procedures which they spelt out in the contract, during the arbitration proceedings. The court recognizes the fact that under section 14 (1) of the Alternative Dispute Resolution Act, 2010, Act 798, the parties to an arbitration have the right to agree on the procedure for the appointment of an arbitrator. However, where the arbitration clause in the contract or otherwise has spelt out the procedure to follow in the appointment of an arbitrator then that procedure ought to be followed by the parties. Section 58(1) (2) (e) of Act 798 states as one of the reasons to set aside an award the non-conformity with the agreed procedures by.....