Gearbox Panafrican Network v Atsiaya (Miscellaneous Application E262 of 2024) [2024] KEELRC 13183 (KLR) (21 November 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13183
- Citation
- [2024] KEELRC 13183 (KLR)
- Decided
- 21 November 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication to stay arbitral proceedingsCoramNDOLO
The Applicant's Notice of Motion to stay arbitral proceedings is dismissed with no order for costs.
Facts
The Applicant and Respondent entered into a consultancy agreement, after which the Respondent invoked clause 15 of the agreement to refer the dispute to arbitration. The Arbitrator dismissed the Applicant's Preliminary Objection, and the Applicant subsequently filed an Originating Summons.
Issues
- Arbitrator's jurisdiction over employment-related dispute
- Applicant's challenge to Arbitrator's decision
Reasoning
The court finds no reason to interfere with the ongoing arbitral proceedings, as the Respondent is comfortable with arbitration as a mode of dispute resolution and the Arbitrator acted within her powers.
Outcome
Application dismissed
Authorities cited
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