Shena v Hje Medical Research International Inc (Cause 1096 of 2010) [2012] KEIC 3 (KLR) (16 November 2012) (Ruling)
- Court
- Industrial Court
- Case number
- 3
- Citation
- [2012] KEIC 3 (KLR)
- Decided
- 16 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration ApplicationPostureRespondent's Application for Stay of Proceedings and ArbitrationCoramONESMUS MAKAU
Holding
The Court found that there is a valid arbitration agreement in the Employment Contract and dismissed the Respondent's application.
Facts
The Respondent filed a chamber summons seeking to stay proceedings and refer the dispute for arbitration under the Employment Contract dated 19-8-2008. The Claimant opposed the application, arguing that the court has jurisdiction and the application is against public policy.
Issues
- Whether there is a valid arbitration agreement between the parties to refer all disputes concerning their employment contract dated 19-8-2008.
Reasoning
The Employment Contract contains an arbitration agreement in Clause 17, signed by both parties. The court considered the parties' submissions and judicial precedents, concluding that the application is invalid.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Labour Relations Act
Cases cited (2)
- Civil Appeal No.253 of 2003
- HCC 157 of 2008
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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