The claimant sought a stay of the matter and a consolidated arbitration. The defendant said that the litigation having been started by the claimant it was too late to refer the issues to arbitration.
Held: Correspondence between the parties clearly acknowledged the contract and therefore the arbitration clause included, and the breach had not been accepted. Proceedings had been begun only to obtain an emergency injunction, and no further steps had been taken. The court was bound to order the stay.
Behrens J
[2008] EWHC B16 (QB), [2008] EWHC 2579 (QB)
Bailii, Bailii
Arbitration Act 1996 9
England and Wales
Citing:
Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Cited – Downing v Al Tameer Establishment and Another CA 22-May-2002
A contractual dispute arguably involved an arbitration clause. Before the proceedings the Defendant denied the contract.
Held: That assertion was a repudiation of the agreement to arbitrate, and the Claimant issued proceedings in Court. The . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 09 November 2021; Ref: scu.277151