Whiting v Halverson & Ors [2003] EWCA Civ 403 (06 March 2003)

Whiting v Halverson & Ors [2003] EWCA Civ 403 (06 March 2003)

A member who elects to arbitrate under a club constitution is bound by that election and cannot unilaterally withdraw from arbitration to pursue court proceedings; the constitution and Arbitration Act 1996 require a stay of proceedings in such circumstances.

Citation
[2003] EWCA Civ 403
Parties
Appellant: Albert Whiting; Respondent: William Halverson; Respondent: Edmund Hall; Respondent: Jill Prendergast; Respondent: Alan Gillis
Jurisdiction
England and Wales
Judgment Date
06 March 2003
Procedural Posture
Civil Appeal / Second Appeal From County Court Order Staying Proceedings Under Arbitration Act 1996
Outcome
Appeal dismissed
Legal Topics
Arbitration Agreements, Stay of Proceedings, Interpretation of Club Constitutions, Jurisdiction of Club Councils, Withdrawal From Arbitration
Arbitration Contract Law Club/association Law Arbitration Agreements Stay of Proceedings Interpretation of Club Constitutions Jurisdiction of Club Councils Withdrawal From Arbitration

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Parties

Albert Whiting

Appellant

William Halverson

Respondent

Edmund Hall

Respondent

Jill Prendergast

Respondent

Alan Gillis

Respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court Order Staying Proceedings Under Arbitration Act 1996

Legal Issues

  1. 1 Whether Article XI of the club constitution precluded court proceedings in respect of termination of membership
  2. 2 Whether there was an effective withdrawal from the arbitration reference

Ratio Decidendi

A member who elects to arbitrate under a club constitution is bound by that election and cannot unilaterally withdraw from arbitration to pursue court proceedings; the constitution and Arbitration Act 1996 require a stay of proceedings in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Costs to be assessed by a costs judge