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Court of Appeal, Civil Division, 17 May 1994

17 - 05 - 1994

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Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXII (1997)
Jurisdiction United Kingdom
Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
227

Multi-party disputes: The court discusses whether related court proceedings may absorb (by vis atractiva) arbitration proceedings.

Concurrent court proceedings ("indivisibility")
704(C) Art. VII(1): European Union (Treaties and Legislation)
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