In Brief
A property sale dispute between a buyer and seller involved an Agreement of Sale dated 23 November 2006 containing an arbitration clause. A petition for arbitrator appointment was initially disposed of in 2011 based on a claimed oral settlement. When the appellant later sought fresh arbitration, claiming the settlement had not materialized, the High Court rejected the petition relying on the earlier settlement claim. The Supreme Court held that without written, documented evidence of a concluded settlement placed before the court, the original dispute remains subsisting. A mere oral settlement, not finalized or recorded, cannot extinguish the arbitration right. The Court allowed the appeal and appointed a sole arbitrator to resolve the dispute.
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