Exeter City AFC Ltd v The Football Conference Ltd & Anor [2004] EWHC 831 (Ch) (29 January 2004)

Exeter City AFC Ltd v The Football Conference Ltd & Anor [2004] EWHC 831 (Ch) (29 January 2004)

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

Citation
[2004] EWHC 831 (Ch)
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
Section 459 Companies Act Petition / Application for Stay of Proceedings
Outcome
Application for stay dismissed
Legal Topics
Unfair Prejudice, Arbitration Agreements, Jurisdiction of Court, Statutory Rights of Shareholders
Company Law Arbitration Unfair Prejudice Arbitration Agreements Jurisdiction of Court 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

Section 459 Companies Act Petition / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the section 459 petition should be stayed under section 9 of the Arbitration Act 1996 due to an arbitration agreement
  2. 2 Whether the dispute is subject to mandatory arbitration under Football Association rules
  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 a section 459 Companies Act petition because the statutory right to petition for unfair prejudice is inalienable and cannot be ousted by an arbitration agreement or internal rules; the court is the appropriate forum to determine such disputes.

Court Disposition

Application for stay dismissed

Orders

  • No stay of proceedings granted
  • If costs cannot be agreed, submissions to be heard later