CARBON COMMODITIES DMCC (PLAINTIFF) vs. TRUST LINK VENTURES LTD (RESPONDENT)

This is an application for stay of proceedings and referral to arbitration filed by counsel for the defendant/applicant (applicant). It is provided under section 6(1), 7(1) and 7(5) of the Alternative Dispute Resolution Act 2010, Act 798 as follows: Application to court 6. (1) Where there is an arbitration agreement and a party commence an action in a court, the other party may on entering appearance, and on notice to the party who commenced the action in court, apply to the court to refer the action or a part of the action to which the arbitration agreement relates, to arbitration. Reference by court 7. (1) Where a court before which an action is pending is of the view that the action or a part of the action can be resolved through arbitration that court may with the consent of the parties in writing, despite that there is no arbitration agreement in respect of the matter in dispute, refer the action or any part of the action for arbitration. (5) Where in any action befo...