OLD PARK ENGINEERING SERVICES LTD. (PLAINTIFF) vs. CASSEL ENERGY LTD (DEFENDANT)

The instant motion, filed by the defendant herein, seeks an order of the court to refer the dispute between the parties herein to arbitration upon grounds stated in the supporting affidavit. In particular, at paragraph 5, 6, 7 8 and 9 of the supporting affidavit, the applicant has deposed that: 5 That the events that resulted in the instant suit was governed by a formal contract between the parties as pleaded by the plaintiff in its paragraph 10 of the statement of claim. 6. That the parties by their agreement to perform EPC services for Tema oil terminal dated 31/5/17 (hereinafter referred to as “the Statement of Work or ‘SOW’), incorporated by reference the International Federation of Consulting engineers (“FIDIC”) form of contract known as Conditions of Contract for EPC/Turnkey services or projects 1999. 7. That the SOW provides that in the event of conflict or inconsistency between the SOW and the FIDIC “Conditions of Contract for EPC Services,” the terms of the SO...