The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act.
Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and payable. In arbitration proceedings a party is entitled to stay other proceedings between parties unless they refer to a different matter or there was some fault in the arbitration agreement.
Judges:
Swinton Thomas LJ
Citations:
Times 19-Jan-1998, [1998] CLC 583, [1997] EWCA Civ 3062, [1998] 1 WLR 726, [1998] 1 Lloyd’s Rep 465, [1998] 2 All ER 23
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Halki Shipping Corporation v Sopex Oils Ltd, The Halki QBD 16-Jul-1997
The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. . .
Cited by:
Appealed to – Halki Shipping Corporation v Sopex Oils Ltd, The Halki QBD 16-Jul-1997
The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. . .
Cited – Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd CA 7-Dec-2004
The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the . .
Cited – Amec 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: 13 November 2022; Ref: scu.143461