Collins (Contractors) Ltd. v Baltic Quay Management (1994) Ltd [2004] EWCA Civ 1757 (07 December 2004)

Collins (Contractors) Ltd. v Baltic Quay Management (1994) Ltd [2004] EWCA Civ 1757 (07 December 2004)

A stay of proceedings must be granted under section 9(4) of the Arbitration Act 1996 where there is a dispute within the meaning of a wide arbitration clause, even if the claim appears indisputable or the defendant has no arguable defence. Section 111 of the Housing Grants Act does not override the parties' agreement to arbitrate disputes or preclude a stay.

Citation
[2004] EWCA Civ 1757
Parties
Claimant/appellant: Collins (Contractors) Limited; Defendant/respondent: Baltic Quay Management (1994) Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2004
Procedural Posture
Civil Appeal / Appeal From Order Staying Proceedings Under Section 9(4) Arbitration Act 1996
Outcome
Appeal dismissed
Legal Topics
Stay of Proceedings, Arbitration Agreements, Construction Contracts, Enforcement of Payment Certificates, Section 111 Housing Grants, Construction and Regeneration Act 1996
Construction Law Arbitration Contract Law Stay of Proceedings Arbitration Agreements Construction Contracts Enforcement of Payment Certificates Section 111 Housing Grants, Construction and Regeneration Act 1996

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Parties

Collins (Contractors) Limited

Claimant/appellant

Baltic Quay Management (1994) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order Staying Proceedings Under Section 9(4) Arbitration Act 1996

Legal Issues

  1. 1 Whether a dispute existed entitling the employer to a stay under section 9(4) of the Arbitration Act 1996
  2. 2 Whether section 111 of the Housing Grants, Construction and Regeneration Act 1996 precludes a stay where no withholding notice was served
  3. 3 Whether the existence of an indisputable claim prevents a stay for arbitration

Ratio Decidendi

A stay of proceedings must be granted under section 9(4) of the Arbitration Act 1996 where there is a dispute within the meaning of a wide arbitration clause, even if the claim appears indisputable or the defendant has no arguable defence. Section 111 of the Housing Grants Act does not override the parties' agreement to arbitrate disputes or preclude a stay.

Court Disposition

Appeal dismissed

Orders

  • Stay of proceedings under section 9(4) Arbitration Act 1996 upheld
  • Costs to be subject to detailed assessment unless agreed