The applicant brought a motion to compel arbitration of a dispute arising from a real estate development project governed by a Co-Ownership Agreement.
The parties agreed the dispute should be arbitrated but disagreed on whether the corporate mortgagees and individual guarantors were bound by the arbitration clause.
The court applied the competence-competence principle, holding that the arbitrator must determine their own jurisdiction and decide which parties are subject to the arbitration, as the issue involved mixed fact and law requiring contractual interpretation.
