||All England Reporter
|| All ER (D) 97 (Dec)
||Court of Appeal, Civil Division
Brooke, Clarke and Neuberger LJJ
||John Robson (instructed by Leigh Williams, Bromley) for the claimant.
||Kirsten Houghton (instructed by Boyd & Hutchinson) for the defendant.
||7 December 2004
Arbitration - Stay of court proceedings - Mandatory stay - Dispute between parties - Parties agreeing to refer any dispute arising in connection with building contract to arbitration - Claimant issuing proceedings in respect of unpaid sums - Defendant failing to serve withholding notices in respect of payments - Existence of dispute - Judge granting defendant stay of proceedings - Correctness of decision - s 9 - s 111.
In the instant case, the judge had been entitled to grant the defendant a stay of proceedings under s9 of the . Section111 of the Housing Grants and Regeneration Act 1996 was silent in respect of the question whether moneys withheld without notice could be subject to arbitration or not, and there was nothing in s111 to stop entitlement of a stay under the Arbitration Act if it would otherwise be granted.
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