Site icon swarb.co.uk

Ellerine Bros v Klinger: CA 1982

The court was asked whether there was a dispute sufficient to allow a stay of court proceedings to allow an arbitration to proceed.
Held: If letters were written making some request or demand and the defendant did not reply, there was a dispute. It was not necessary, for a dispute to arise, that the defendants should write back and say ‘I don’t agree’.

Judges:

Templeman LJ

Citations:

[1982] 1WLR 1375

Jurisdiction:

England and Wales

Cited by:

CitedAmec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 06 May 2022; Ref: scu.224300

Exit mobile version