As per the case facts the appellant and respondent entered into a contract for transportation handling of goods and disputes arose during the contract's term The appellant sought to have ... the disputes referred to arbitration but the High Court dismissed the application stating that no arbitration agreement existed between the parties The appellant then filed an appeal with the Supreme Court The question arose whether Clause of the General Terms and Conditions of the contract constituted a valid arbitration agreement between the parties thereby mandating the reference of disputes to arbitration Finally the Supreme Court agreed with the High Court's decision holding that Clause of the General Terms and Conditions did not constitute an arbitration agreement Since the appellant did not claim that the parties had later agreed to refer disputes to arbitration the High Court was justified in rejecting the application for arbitrator appointment The Court also noted that another clause in the contract Clause only fixed jurisdiction and would determine the juridical seat if an arbitration agreement existed but it did not in itself exclude dispute resolution through arbitration or constitute an agreement to arbitrate Therefore the appeal failed