RULING OF THE COURT
The record before us shows that the parties in this notice of motion dated 11th November 2003 entered into a distribution agreement sometimes in 1989. That agreement allegedly had a clause to the effect that all disputes thereunder would be resolved through arbitration. The agreement was renewed for a period of five (5) years with effect from 1st September 1994. It was further renewed after the expiry of the first renewal period but some items of renewal remained for negotiations by the parties. Later, Kobil Petroleum Limited, the plaintiff in the superior court and which is the applicant in this notice of motion, declared a dispute under the said contract and invoked the arbitration clause. However, before the arbitration award, the applicant felt aggrieved by certain actions that the defendant, Castrol Limited, which is the respondent in the notice of motion, was taking in the matter. It filed originating chamber summons dated 22nd February 2001 in the superior co…