Statutory exemption clauses against liability; vicarious liability.
Insurance law: Contract: Breach of contract.
International arbitration: Stay of proceedings on grounds of arbitration clause in contract- arbitration awards from ICCIA non enforceable in Seychelles – futility of arbitration- articles 113, 147, 150 of the Commercial Code, Section 227 of the Seychelles Code Civil Procedure - jurisdiction of Seychelles Supreme Court in default.
The subject matter of this application
 The Applicant is sued by the Respondent in a Plaint filed on 28 January 2019 for a breach of contract and for which the Respondent claims damages.
 The Applicant has now applied to this Court for a stay of proceedings on the grounds that the contract in issue contains an arbitration clause, namely 20.2 which states:
Breach of contract of contrat d’entreprise rescission - damages
 In a Plaint entered in March 2019, the Plaintiff averred that he had entered into a contract with the Defendant in November 2017 in which the Defendant had agreed to construct a vertical extension to her home in consideration of the sum of SR1, 300,000 with the works to be completed in approximately five and a half months.
 The Plaintiff, a Pool Attendant and employee by a hotel resort controlled and managed by the Defendant suffered a fall and sustained injures to her ankle, legs and body. She claimed damages from the Defendant for its vicarious negligence in its performance, responsibilities and duties in respect of ensuring a safe place of work for her.
 The Defendant denied liability for the accident or that it had ever been the Employer of the Plaintiff.
The Plaintiff’s evidence