SQE Daily.

Staying court proceedings brought in breach of an arbitration agreement (Arbitration Act 1996, s 9)

Harlow Signs Ltd supplied illuminated signage to Kestrel Retail Ltd under a written contract governed by English law. Clause 18 provides that any dispute arising out of the contract shall be referred to arbitration in London. A dispute arises about the quality of the signs and Kestrel issues a claim against Harlow in the County Court for £85,000. The claim form and particulars of claim have just been served on Harlow, which wants the dispute decided by arbitration as the contract provides. There is no suggestion that clause 18 is invalid.

What is the best advice to give Harlow?

Choose one answer to see the reasoning.

  1. Dispute Resolution · FLK1No. L103

    Court's power to order ADR and costs consequences of refusing to engage (CPR 3.1(2)(o), 44.2(5)(e))

    Which of the following best describes the position?

  2. Dispute Resolution · FLK1No. 44

    Summary judgment: no real prospect and no other compelling reason for a trial (CPR 24.3 and 24.4)

    Which of the following best describes whether Brennan can obtain summary judgment?

  3. Dispute Resolution · FLK1No. 30

    Claimant fails to beat a defendant's Part 36 offer: costs consequences (CPR 36.17(1)(a) and (3))

    Which of the following best describes the order the court must make, unless it considers it unjust to do so?