Source: All England Reporter
Publisher Citation: [2003] All ER (D) 201 (Sep)
Neutral Citation: [2003] EWHC 2195 (Comm)
Court: Commercial Court

Julian Flaux QC sitting as a deputy High Court judge

Representation Nicholas Stadlen QC and Charles Graham QC (instructed by Withers LLP) for the claimants.
  Ian Mill QC and Andrew Green (instructed by Denton Wilde Sapte) for the defendant.
Judgment Dates: 30 September 2003


Arbitration - Arbitration agreement - Stay of court proceedings - Defendant's entitlement to stay of proceedings - s 9.

The Case

The defendant's application for a stay of the proceedings issued by the claimants would be allowed as the issue or dispute in the proceedings would have to have been arbitrated under the arbitration clause in the 1999 share sales agreements and, accordingly, the defendant was entitled to a stay of the proceedings under s9 of the .

Practice Areas

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