RULING
MOTION ON NOTICE FOR LEAVE TO SET ASIDE ARBITRAL AWARD
The instant application filed on 7 July, 2020 is one on Notice for Leave to set aside the Arbitral Award dated 4 June, 2018.
THE AFFIDAVIT IN SUPPORT OF THE INSTANT APPLICATION
In the Affidavit in Support of the instant application, there are averments that the Parties in 2012 entered into a Commercial Agreement.
That when some differences arose between the Parties, Respondent sued Applicant at the High Court in suit number: CM/0046/15.
That Applicant successfully obtained an Order Staying Proceedings for the matter to be referred to Arbitration inaccordance with the provisions of the dispute resolutionclause in the Agreement.
That the Parties in the said Agreement agreed to resolve any dispute through Arbitration, who was to constitute the said Arbitration and how the Arbitrator was to be appointed.
That instead of abiding by the Terms of Arbitration in theAgreement, Respondent violated and departed from the said terms and purport…