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Supreme Court dismisses appeal from High Court, where the High Court had discharged a stay previously granted pending arbitration (in a dispute concerning the contamination of a shipload of fertiliser), on the grounds that the relevant legislation expressly precluded any appeal from the High Court on the determination of a stay application.
Dunne J (nem diss): Claim by manufacturer and supplier of fertiliser products - sale of goods for $1.472 million - goods to be shipped from Turkey to Drogheda - goods found to be contaminated on arrival in Ireland - damages of about €310,000 sought - claim against one defendant stayed pending arbitration - time bar raised in arbitration - stay discharged by High Court - appeal from discharge of stay - whether stay mandatory irrespective of time bar in agreement - whether open to High Court to set aside decision of other High Court judge - Arbitration Act 2010, ss 6 and 11(a) - Article 8 of the UNCITRAL Model Law - whether arbitration agreement was null and void, inoperative or incapable of being performed - whether court had inherent jurisdiction to vacate an order - legislation designed to comply with international treaty obligations - limits on appeals from decisions of High Court - no appeal available on a determination of a stay application.
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