Stays under the English Arbitration Act 1996: "no dispute" | Practical Law

Stays under the English Arbitration Act 1996: "no dispute" | Practical Law

This note briefly examines the possibility of arguing that there is no obligation under the English Arbitration Act 1996 to arbitrate a claim, where there is no "dispute" to be arbitrated, whether because there is no arguable defence or because the claim is admitted. The practical implications of such an argument, in particular in relation to stays of legal proceedings brought in breach of an arbitration agreement, are considered.

Stays under the English Arbitration Act 1996: "no dispute"

Practical Law UK Practice Note 7-203-2246 (Approx. 6 pages)

Stays under the English Arbitration Act 1996: "no dispute"

by Practical Law Arbitration
Maintained • England, Northern Ireland, Wales
This note briefly examines the possibility of arguing that there is no obligation under the English Arbitration Act 1996 to arbitrate a claim, where there is no "dispute" to be arbitrated, whether because there is no arguable defence or because the claim is admitted. The practical implications of such an argument, in particular in relation to stays of legal proceedings brought in breach of an arbitration agreement, are considered.