Exeter City AFC Ltd v The Football Conference Ltd & Anor

Exeter City AFC Ltd v The Football Conference Ltd & Anor

Section 9 of the Arbitration Act 1996 does not compel a stay of the section 459 petition because the statutory right to petition for unfair prejudice is inalienable and cannot be ousted by contract or arbitration agreement; the court is the appropriate forum to determine the dispute.

Parties
Petitioner: Exeter City A. F. C. Limited; First Respondent: The Football Conference Limited; Second Respondent: Stevenage Borough Football Club Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2004
Procedural Posture
Company Law Petition / Application to Stay Proceedings
Outcome
application to stay dismissed
Legal Topics
Section 459 Petition, Arbitration Agreements, Jurisdiction of Court, Unfair Prejudice, Statutory Rights of Shareholders
Company Law Arbitration Section 459 Petition Arbitration Agreements Jurisdiction of Court Unfair Prejudice Statutory Rights of Shareholders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Exeter City A. F. C. Limited

Petitioner

The Football Conference Limited

First Respondent

Stevenage Borough Football Club Limited

Second Respondent

Procedural Posture

Company Law Petition / Application to Stay Proceedings

Legal Issues

  1. 1 Whether the section 459 petition should be stayed in favour of arbitration under section 9 of the Arbitration Act 1996
  2. 2 Whether the dispute falls within the scope of the arbitration agreement in the rules of the Football Association or Conference
  3. 3 Whether the statutory right to petition for unfair prejudice can be ousted by contract

Ratio Decidendi

Section 9 of the Arbitration Act 1996 does not compel a stay of the section 459 petition because the statutory right to petition for unfair prejudice is inalienable and cannot be ousted by contract or arbitration agreement; the court is the appropriate forum to determine the dispute.

Court Disposition

application to stay dismissed

Orders

  • Application for stay of section 459 petition dismissed.
  • Costs to be determined if not agreed.