The applicant sought the appointment of an arbitrator under a construction agreement.
The respondent cross-applied for a declaration that the arbitration was barred by the Limitations Act, 2002, and that procedural preconditions were not met.
The court granted the application to appoint an arbitrator and dismissed the cross-application, holding that under the competence-competence principle and the 'hands-off' approach to arbitration, the arbitrator should determine their own jurisdiction and the limitation period defence.
