The Court of Appeal refused to stay execution of the first-instance decision referring a case to ICC arbitration, pending an intended appeal. It found that the first requirement for a stay – that the appeal be arguable – was not met. The procedure provided for by law for referring a dispute to arbitration had been followed: the party had sought a stay, and the lower court had granted it, as it had not found that there was no dispute, or that the arbitration agreement was null and void, inoperative, or incapable of being performed.