Arbitration & Litigation and Delay | AP Legal

Arbitration & Litigation and Delay

Review and Amendment to Billing and Payment Policy
December 30, 2015
Appointment of new solicitor
March 2, 2016

Arbitration & Litigation and Delay

In conclusion I must say that in deciding whether or not to grant stay of proceedings from the Court must also bear in mind the purpose of referring a commercial dispute for arbitration. Arbitration is a speedy and less expensive mode of settlement of disputes. The parties to a contract where there is a requirement to refer the dispute for arbitration before instituting proceedings in a Court of law must without any delay comply with such a requirement. If the parties wait for years like in this care without making an effort to refer the dispute for arbitration and after taking all the pre-trial steps in the matter move the Court to refer the dispute for arbitration it would defeat the very purpose of arbitration”

Justice Seneviratne in Bulileka Hire Services Limited v Housing Authority & Anr, Civil Action No 57 of 2011 – Ruling date 19 January 2016

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