CFC Construction (Engineers) Ltd v Runaway Bay Development Ltd

I N THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. 2005 HCV 5008

IN THE MATTER O$ THE

ARBITRATION ACT

AND

IN THE MATTER OF AN

ARBITRATION

c\ BETWEEN CFC CONSTRUCTION (ENGINEERS) LIMITED APPLICANT

AND RUNAWAY BAY DEVELOPMENT LIMITED RESPONDENT

IN CHAMBERS

Mr. Dennis Morrison Q. C. and Mrs. Stacey Ann Smith instructed by DunnCox for the

applicant

Mr. Conrad George and Mr. Wieden Daley instructed by Hart, Muirhead and Fatta for

the respondent

January 23,24,31, February 6,7 and 13,2006

APPLICATION FOR PERMISSION TO ENFORCE ARBITRATION AWARD UNDER C j SECTION 12 OF THE ARBITRATION ACT

SYKES J

1. CFC Construction (Engineers) Limited (CFC) has applied for permission to enforce an

arbitration award as if it were a judgment of this court. Section 12 of the Arbitration Act

permits this. Runaway Bay Development Limited (RBDL) is opposing the application. This is

an inter partes hearing. This came about because on December 20, 2005, at the

commencement of CFC1s ex parte application, RBDL appeared and indicated their

opposition to the application. It was thought prudent to invite RBDL to make submissions in

this regard.