Stretford v The Football Association Ltd. & Anor [2007] EWCA Civ 238 (21 March 2007)

Stretford v The Football Association Ltd. & Anor [2007] EWCA Civ 238 (21 March 2007)

Rule K was validly incorporated into the contract between Mr Stretford and The FA; the events of the 2 September 2005 meeting did not preclude The FA from relying on Rule K; the arbitration agreement in Rule K is not null and void or inoperative under section 9(4) of the Arbitration Act 1996 as it does not conflict with Article 6 ECHR—any relevant rights were validly waived by voluntary agreement to arbitrate; therefore, a mandatory stay of proceedings was correctly granted.

Citation
[2007] EWCA Civ 238
Parties
Claimant: Paul Stretford; Defendants: The Football Association Ltd & Another
Jurisdiction
England and Wales
Judgment Date
21 March 2007
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Arbitration Agreements, Article 6 ECHR, Waiver of Rights, Public Policy in Arbitration, Contractual Incorporation of Rules
Arbitration Sports Law Human Rights Arbitration Agreements Article 6 ECHR Waiver of Rights Public Policy in Arbitration Contractual Incorporation of Rules

Case Brief

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Parties

Paul Stretford

Claimant

The Football Association Ltd & Another

Defendants

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Rule K arbitration clause was incorporated into the contract between Mr Stretford and The FA
  2. 2 Whether the events of the 2 September 2005 meeting precluded The FA from relying on Rule K
  3. 3 Whether Rule K is null and void or inoperative under section 9(4) Arbitration Act 1996 due to conflict with Article 6 ECHR

Ratio Decidendi

Rule K was validly incorporated into the contract between Mr Stretford and The FA; the events of the 2 September 2005 meeting did not preclude The FA from relying on Rule K; the arbitration agreement in Rule K is not null and void or inoperative under section 9(4) of the Arbitration Act 1996 as it does not conflict with Article 6 ECHR—any relevant rights were validly waived by voluntary agreement to arbitrate; therefore, a mandatory stay of proceedings was correctly granted.

Court Disposition

Appeal dismissed

Orders

  • Mandatory stay of proceedings under section 9(4) Arbitration Act 1996 confirmed
  • No further relief granted to claimant