Do you want to arbitrate or litigate? Is your contract clear about that?
Where parties agree to arbitrate their disputes and one party breaches that agreement by starting court proceedings, a court has power to uphold the arbitration agreement and ‘stay’ (i.e. transfer) the proceedings to be dealt with by arbitration unless the agreement is found to be ‘null and void, inoperative or incapable of being performed’.
In Kruppa v Benedetti & Anor, the claimant started court proceedings but the defendant argued there was a valid agreement to arbitrate. The defendants applied to have the court action stayed to arbitration under section 9 of the Arbitration Act 1996. In so doing, they relied on a ‘governing law and jurisdiction’ clause (which was identically drafted in each of the three relevant agreements in dispute) as being an ‘arbitration agreement’ for the purposes of section 6(1) of the act.
Section 6(1) states that ‘an “arbitration agreement” means an agreement to submit to arbitration present or future disputes, whether they are contractual or not’…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
A number of market features gives rise to an adverse effect on competition, says CMA.
The FBI ’Darkode’ arrests are just the tip of the iceberg. This briefing highlights risks to you in five key areas.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.