KALGO, J.S.C.: (Delivering the Leading Judgment): This appeal arose as a result of arbitration proceedings. Briefly the facts giving rise to this appeal are these. The appellant entered into an agreement with the 1st respondent on 23/12/92, which made provision for reference to arbitration in the event of any dispute arising between the parties thereto which dispute could not be mutually settled. A dispute actually arose between the parties and reference was then made to an arbitrator appointed by and agreed to by both parties. The 2nd respondent herein was the arbitrator jointly appointed by the parties and all references were submitted and made to him in accordance with clause 2 of the said agreement.
In the course of the arbitral proceedings, the learned counsel for the appellant objected to the continuation of the proceedings on the grounds that:
(i) The agreement of 23/12/92 was entered between the appellant and Lutin Investment Limited Geneva Switzerland, but the party that in…