Jurisdiction and applicable law

Stay of court proceedings to enable or in favour of arbitration (s 9)

This Practice Note sets out how to apply under AA 1996, s 9 for litigation or court proceedings to be stayed in order to enable arbitration and how and when to make an application, including the factors that the court considers when exercising its discretion.

This Practice Note also considers what steps a party can take if it commences proceedings in breach of an arbitration agreement. Key to an application under AA 1996, s 9 is the existence of an arbitration agreement and the note discusses how the court deals with this question in single and multi-party circumstances. It also covers how costs are dealt with in the case of an AA 1996, s 9 application and how a counterclaim affects such an application. An AA 1996, s 9 application may also be referred to as a stay for arbitration, a stay of litigation in favour of arbitration, or a stay for breach of an arbitration agreement. The note also considers whether the AA 1996, s 9 procedure can be used

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