SCA 42/2019 issued on 16/07/2019

This case involved a joint venture where the parties had agreed in the event of a dispute an arbitrator would be appointed. Issues included whether the transfer of the commercial registration of the company had made the defendant an irrelevant party.

Background

A claimant filed a case against a defendant before the court. He said that he had agreed with the defendant on the establishment of a joint venture. He said that the two parties agreed to resort to arbitration in case of a dispute. He requested the court to order the defendant to appoint an arbitrator.

The defendant said that the two parties had signed a settlement agreement but the claimant had failed to commit to his obligations. The defendant said that he was an irrelevant party in the case.

Decision

The court said that the transfer of the commercial registration of the company to another person should not prevent the defendant from appointing an arbitrator.

The defendant had appointed an arbitrator.

The court said that the dispute was settled.