THE SILK ROAD Café and its landlord Chester Beatty Library have agreed to have an arbitrator decide if the café has a lease or simply a licence to run its business in Dublin Castle, a judge heard today Monday.

The parties commenced proceedings last month over the restaurant’s forced closure for the duration of Ireland’s six-month EU Presidency.

Barrister Liosa Beechinor, counsel for the landlord, told Judge James O’Donohoe in the Circuit Civil Court that it had been agreed between the parties that if the arbitrator decided the café was entitled to a lease, the terms of the lease would then be determined by the Circuit Court.

Counsel, who appeared with Arthur Cox Solicitors, said a full court hearing to decide issues, including continuing injunction relief for the café owner, Hannah’s Coffee Shop Limited, had been listed for 30 July, but it may become unnecessary depending on the outcome of the arbitration which would be dealt with before that date.

Barrister Hugh O’Flaherty, who appeared with M E Hanahoe Solicitors for the café owner, told Judge O’Donohue that an undertaking by the landlord not to interfere with the access and running of the restaurant pending further court order would remain in place.

Counsel for the landlord said that although Chester Beatty Library remained closed the Silk Road Café continued to operate from a window or hatch for its customers with security clearance who worked within the confines of Dublin Castle, in lockdown for the duration of Ireland’s EU presidency until 31 December next.

She had earlier told Judge O’Donohoe that the application for an interim injunction had been issued in breach of an arbitration clause in the licensing agreement with the Silk Road Café owners

Counsel for the café told Judge O’Donohoe that the proceedings were only in for mention today and the court would be kept fully informed about the situation as it may apply to as to the cancellation or otherwise of the 30 July hearing date.

The court had earlier heard that the Office of Public Works (OPW), which operates Dublin Castle, had no objection to the café remaining open for the duration of the EU presidency providing all staff passed garda accreditation.

Many Revenue and other government staff continue to work there, many of whom use the café’s catering facilities.

The arbitrator will be asked to decide if the café owner has a five-year licence agreement or a tenancy agreement. Judge O’Donohoe directed that the parties keep the court up to date on the outcome of the arbitration to avoid any loss of court time.