Commentary

43 Stay of court proceedings brought in breach of arbitration agreement

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

43 Stay of court proceedings brought in breach of arbitration agreement

| Commentary

43 Stay of court proceedings brought in breach of arbitration agreement

Where a party has brought legal proceedings in England and Wales or Northern Ireland in breach of an arbitration agreement, the other party may apply to the court seised with the claim for a stay of those proceedings under the Arbitration Act 1996 Section 9. This is to be distinguished from a situation where foreign court proceedings have been brought in breach of an arbitration agreement, in which case the only potential remedy available under the 1996 Act is an anti-suit injunction from the High Court under Section 44

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