Arbitral Digest

Matter

Janin Caribbean Contractors Limited v Consolidated Contractors Company (Kuwait) WLL (Eastern Caribbean Supreme Court, Court of Appeal, Civil Appeal No. 18 of 2004)

  1. 7 May 1998Grenada

    7 May 1998Grenada

    Stay order of Justice Brian Alleyne dated 7 May 1998

    High Court of Justice of Grenada

    Decision summary
    Justice Brian Alleyne stayed the proceedings under section 7 of the Grenada Arbitration Act because the parties had agreed in writing to refer the dispute to compulsory and binding arbitration, and ordered Janin Caribbean Contractors Limited to pay the costs of the action and the stay application.

    Supporting details

    3 participants
    Consolidated Contractors Company (Kuwait) WLL
    Janin Caribbean Contractors Limited
    High Court of Justice of Grenada

    5 years, 11 months and 27 days later · 2189 days

  2. 4 May 2004Grenada

    4 May 2004Grenada

    Judgment of Master Brian Cottle dated 4 May 2004

    High Court of Justice of Grenada

    Decision summary
    Master Brian Cottle refused Janin Caribbean Contractors Limited's application to lift the stay of proceedings, concluding that the filing of Consolidated Contractors Company (Kuwait) WLL's counterclaim, rather than a breach of contract, was the event said to make arbitration impossible.

    Supporting details

    3 participants
    Janin Caribbean Contractors Limited
    Consolidated Contractors Company (Kuwait) WLL
    High Court of Justice of Grenada

    2 years, 1 month and 29 days later · 790 days

  3. 3 July 2006Grenada

    3 July 2006Grenada

    Judgment of the Eastern Caribbean Supreme Court, Court of Appeal in Civil Appeal No. 18 of 2004 dated 3 July 2006

    Eastern Caribbean Supreme Court, Court of Appeal

    Case no.
    Civil Appeal No. 18 of 2004
    Citation
    Civil Appeal No. 18 of 2004
    Decision summary
    The Court of Appeal allowed Janin Caribbean Contractors Limited's appeal, set aside Master Brian Cottle's refusal to lift the stay of proceedings, lifted the stay ordered under the Grenada Arbitration Act, and directed that the claim proceed to directions before the Master or a High Court judge within 20 days. Janin was awarded the costs of the appeal as costs in the cause. The Court held that a Master had jurisdiction to hear the application and that subsequent impecuniosity and resulting prejudice could justify removing the stay.

    Supporting details

    24 authorities · 8 participants
    Janin Caribbean Contractors Limited
    Representative
    Michael Sylvester (For: Janin Caribbean Contractors Limited)
    Consolidated Contractors Company (Kuwait) WLL
    Representative
    Russel Martineau (For: Consolidated Contractors Company (Kuwait) WLL)
    Representative
    Rosalyn Wilkinson (For: Consolidated Contractors Company (Kuwait) WLL)
    Eastern Caribbean Supreme Court, Court of Appeal

    Authorities cited

    24
    • Grenada Arbitration Act, Cap. 19 (1990 Revised Laws)
      statute
    • West Indies Associated States Supreme Court Order 1967
      statute
    • West Indies Associated States Supreme Court (Grenada) Act, Cap. 336
      statute
    • West Indies Associated States Supreme Court (Grenada) (Amendment) Act No. 36 of 2000
      statute
    • Civil Procedure Act, Cap. 55 (Grenada)
      statute
    • Supreme Court (Masters) Order 2000, Statutory Instrument No. 2 of 2001
      statute
    • Rules of the Supreme Court (Revision), Statutory Instrument No. 2 of 1970
      statute
    • Leeward Islands and Windward Islands (Courts) Order in Council 1939
      statute
    • Windward Islands and Leeward Islands (Courts) Order in Council 1959, Statutory Instrument No. 2197 of 1959
      statute
    • West Indies (Dissolution and Interim Commissioner) Order in Council 1962, Statutory Instrument No. 1084 of 1962
      statute
    • Constitutional Judicature (Restoration) Act No. 19 of 1991
      statute
    • Constitution of Grenada
      statute
    • Eastern Caribbean Supreme Court Civil Procedure Rules 2000
      statute
    • Gordon St. Bernard v the Attorney General of Grenada, Civil Appeal No. 1 of 2004 (Civil Appeal No. 1 of 2004)
      case-law
    • Leymen Strachan v The Gleaner Co. Ltd and Dudley Stokes, Appeal No. 22 of 2004 (Appeal No. 22 of 2004)
      case-law
    • Connelly v Ritz Corporation plc ([1997] UKHL)
      case-law
    • Fakes v Taylor Woodrow Construction Ltd ([1973] QB 436)
      case-law
    • Janos Paczy v Haendler ((1980) Lloyds Rep. 302)
      case-law
    • Goodman v Winchester ([1983] 1 W.L.R. 11)
      case-law
    • Empson v Smith ([1966] 1 Q.B. 426 at 432)
      case-law
    • Hinds and others v R ([1995] 24 WIR 326)
      case-law
    • Independent Jamaica Council for Human Rights (1998) Ltd v Hon. Syringia Marshall-Burnett and the Attorney General of Jamaica (P.C. Appeal No. 41 of 2004)
      case-law
    • Attorney General for Australia v R and the Boilermakers Society
      case-law
    • Halsbury's Laws of England, 4th edition, volume 37
      academic

Matter record

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Janin Caribbean Contractors Limited v Consolidated Contractors Company (Kuwait) WLL (Eastern Caribbean Supreme Court, Court of Appeal, Civil Appeal No. 18 of 2004) · Matter