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Construction Developers Association Ltd v Coffee Industry Board

Case Number: 
2003 HCV 1883
Date of Delivery: 
04.05.2004

In The Supreme Court of Judicature of Jamaica

In Civil Division

Suit No. 2003 HCV 1883

Between Construction Developers Associates Limited A Claimant

And Coffee Industry Board Defendant

Kipcho West instructed by Grant, Stews* Phillips & Co for the

Claimant.

'\

Maurice Manning and Miss Sherry-Ann McGregor instructed by Nunes,

C'; Sc hole field, DeLeon & Co for the Defendant.

Heard: March 29,2004 and May 4,2004

Harris, J.

By an amended fixed date claim form, the ClaLnant sought the

following orders:-

(I) That the parties agree the appointment of an arbitrator within 10 days

of the date of the order of the court.

(2) That if the parties fail to agree the appointment of an Arbitrator

within the rime specified, then the court should appoint an arbitrator C) within 10 days thereof.

On May 30, 1994 the Claimant and the defendant entered into a

contract whereby it was agreed, inter alia, that the Claimant would carry out the

execution of certain work on a project in consideration of the sum of

$247,583,656.01. The Claimant thereafter commenced the work specified in the

Contract.

Clause 19 .I of the contract provides as follows:-

"19.1 Settlement of disputes (Arbitration): If any dispute or difference

of any kind whatsoever shall arise between the Employer and the

Contractor or the Engineer and the Contractor in connection with or