Commentary

180 Staying legal proceedings

BUILDING AND ENGINEERING vol 5
| Commentary

180 Staying legal proceedings

| Commentary

180 Staying legal proceedings

Where a party to an arbitration agreement commences legal proceedings against another party in respect of a dispute falling within the terms of the agreement, the defendant may apply to the court to stay the proceedings so far as they concern that dispute and thus effectively to force the parties to arbitrate1. An application may not be made by the defendant before he has taken the appropriate step (if any) to acknowledge the legal proceedings against him, or after he has taken any step in the proceedings to answer the substantive claim2. Where these conditions are

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