Wakachiku Construction Co. Ltd. v. Road Development Authority – SC MISC. 01/2011-2013

In the case between Wakachiku Construction Co. Ltd. and the Road Development Authority, the Supreme Court addressed the issue of whether the High Court possessed jurisdiction to intervene in the appointment of an arbitrator under Clause 19.5 of the contract and relevant provisions of the Arbitration Act. The application challenging the High Court’s invalidation of a unilateral arbitrator appointment was dismissed. It was determined that when specific statutory provisions exist—in this instance, Section 7 and Section 32 of the Arbitration Act—the exercise of inherent judicial power is not warranted, reaffirming the primacy of party autonomy and express contractual procedure. The decision emphasized reliance on the statutory framework and recognized that judicial intervention is precluded wh