El Nasharty v J. Sainsbury Plc [2007] EWHC 2618 (Comm) (13 November 2007)

El Nasharty v J. Sainsbury Plc [2007] EWHC 2618 (Comm) (13 November 2007)

The application for a stay must be granted because the arbitration agreement is valid and enforceable. The claimant's allegations of duress are parasitic to the main contract and do not specifically impeach the arbitration clause. The claimant, advised by solicitors, freely chose ICC arbitration. There is no breach of Article 6 ECHR, and inability to pay arbitration costs does not render the agreement inoperative.

Citation
[2007] EWHC 2618 (Comm)
Parties
Claimant/respondent: Amr Amin Hamza El Nasharty; Defendant/applicant: J. Sainsbury PLC
Jurisdiction
England and Wales
Judgment Date
13 November 2007
Procedural Posture
Commercial Court Application for Stay of Proceedings Under Arbitration Act 1996 S.9 / Application for Stay Pending Arbitration
Outcome
Stay of proceedings granted under section 9 Arbitration Act 1996.
Legal Topics
Stay of Proceedings, Arbitration Agreement Separability, Duress, Article 6 ECHR, Waiver of Rights, Costs of Arbitration
Arbitration Contract Law Human Rights Stay of Proceedings Arbitration Agreement Separability Duress Article 6 ECHR Waiver of Rights +1 more

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Parties

Amr Amin Hamza El Nasharty

Claimant/respondent

J. Sainsbury PLC

Defendant/applicant

Procedural Posture

Commercial Court Application for Stay of Proceedings Under Arbitration Act 1996 S.9 / Application for Stay Pending Arbitration

Legal Issues

  1. 1 Whether the proceedings should be stayed under section 9 of the Arbitration Act 1996 due to an arbitration agreement
  2. 2 Whether the arbitration agreement is inoperative or void due to alleged duress
  3. 3 Whether enforcement of the arbitration agreement would violate Article 6 ECHR (right of access to court)

Ratio Decidendi

The application for a stay must be granted because the arbitration agreement is valid and enforceable. The claimant's allegations of duress are parasitic to the main contract and do not specifically impeach the arbitration clause. The claimant, advised by solicitors, freely chose ICC arbitration. There is no breach of Article 6 ECHR, and inability to pay arbitration costs does not render the agreement inoperative.

Court Disposition

Stay of proceedings granted under section 9 Arbitration Act 1996.

Orders

  • Proceedings stayed pending arbitration.