A clause in a contract requiring the parties to have recourse to arbitration before initiating legal action, (Scott v Avery) cannot be used to prevent injunction proceedings to enforce the clause itself.
Citations:
Times 26-Dec-1997, [1997] EWCA Civ 2811, 143179, [1998] 1 Lloyd’s Rep 379
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Sheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 19 August 2022; Ref: scu.143210