Wakachiku Construction Co. Ltd. vs. Road Development Authority – sllr 2013 volume 1 page 164

In the case between Wakachiku Construction Co. Ltd. and the Road Development Authority, the Supreme Court addressed the validity of the unilateral appointment of an arbitrator by the Petitioner, in the context of compliance with contractual provisions and the statutory framework of the Arbitration Act. The central issue concerned whether the inherent jurisdiction of the Supreme Court could be used to set aside the High Court’s order when a specific statutory mechanism was available under Clause 19.5 of the Conditions of Contract. It was held that the statutory procedure for the appointment of an arbitrator, as provided under the Arbitration Act and the contract, must be strictly adhered to and that no inherent powers of the Court could be invoked to circumvent this statutory scheme. This a