Summary

This is an appeal against the order of Madame Justice Betsy-Ann Lambert Peterson (the learned judge) made on 5 November 2021 whereby she declared that a valid and enforceable contract was concluded between Compression and Power Services (1988) Limited (Compression) (the Appellant) and Petroleum Company of Trinidad and Tobago (Petrotrin) (the Respondent) on 15 July 2011 but that it was not a supplemental agreement to the Master Service Contract (MSC) dated 17th May 1999 made between the Appellant and Trinmar Ltd, acting as agent for the Respondent.

The learned judge declined to grant the reliefs sought by the Appellant with respect to arbitration, concluding that the use of arbitration to resolve disputes was not incorporated into the contract. The Appellant appeals against the latter decision and against the order for costs, whereby the learned judge ordered the Appellant to pay half the costs of the Respondent and the Respondent to pay half the costs of the Appellant.