The Defendants Gold Line appealed the dismissal of their motion to stay the proceedings in favor of arbitration. The Court had found that the arbitration agreement had been terminated, the plaintiff was not a party to the agreement, and Gold Line had taken actions that hindered their ability to challenge the Court's jurisdiction. Gold Line argued that the Court should have considered if the dispute fell within the arbitration provision. However, the Court was supposed to exercise its discretion based on the doctrine established in Dell, where arbitrators had the power to rule on their own jurisdiction. The appeal was allowed, and the proceedings were stayed in favor of arbitration in Bermuda.

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