J U D G M E N T
NOVISI ARYENE JA:
Section 6 of the Alternative Dispute Resolution Act 2010, (Act 798) provides:
- Where there is an arbitration agreement and a party commences an action in 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.
- The court on hearing an application made under subsection 1, shall, if satisfied that the matter in respect of which the application has been made is a matter in respect of which there is an arbitration agreement, refer the matter to arbitration.
- The grant of an application shall serve as stay of the proceedings in the court.
This is an appeal against the Ruling of the High Court (Commercial Division) delivered on 6th of May 2022, dismissing the application for stay of proceedings in suit no CM/RPC/0306/2022. Appellants’ prayer before us is for an order setting aside the sai…