CHEVRON KENYA LIMITED v TAMOIL KENYA LIMITED [2007] KEHC 2782 (KLR)

Facts

The plaintiff, Chevron Kenya Limited, seeks to stay the proceedings and refer the dispute to arbitration. The defendant, Tamoil Kenya Limited, claims to be a party to the subject agreement for joint operation of an Into Plane Service at JKIA, dated 16.12.1997, and seeks to have the dispute resolved through arbitration.

Issues

1. Whether Tamoil Kenya Limited is a party to the subject agreement for joint operation of an Into Plane Service at JKIA, dated 16.12.1997.
2. Whether the court has jurisdiction to hear the dispute as the subject agreement provides for arbitration

Reasoning

The court determined that Tamoil Kenya Limited did not meet the entry criteria set forth in Clause 14.3 of the subject agreement, as it was not a new entrant and had not complied with the requirements for entry to JIPS.

Outcome

The application for stay of proceedings and referral to arbitration is dismissed.

Authorities cited