Power to stay – not derived from arbitration acts: ‘It is, I think, rather unfortunate that the power and duty of the court to stay the action [on the grounds of a foreign jurisdiction clause] was said to be under the Arbitration Act, 1889, s. 4. In truth, that power and duty arose under a wider general principle, namely, that the court makes people abide by their contracts, and, therefore, will restrain a plaintiff from bringing an action which he is doing in breach of his agreement with the defendant that any dispute between them shall be otherwise determined.’
Judges:
MacKinnon LJ
Citations:
[1944] Ch 114
Statutes:
Jurisdiction:
England and Wales
Arbitration
Updated: 17 July 2022; Ref: scu.196010
