Ahmad Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency Incorporated [2000] EWCA Civ 17 (28 January 2000)

Ahmad Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency Incorporated [2000] EWCA Civ 17 (28 January 2000)

The court found, on the affidavit and documentary evidence, that there was a single contract (the JCT Agreement of 12 July 1996) covering both the first and second-fix works, and that the arbitration clause in that contract applied to the entire dispute. Therefore, the action must be stayed under section 9 of the Arbitration Act 1996.

Citation
[2000] EWCA Civ 17
Parties
Claimant: Claimant (Appellant); Defendant: Defendant (Respondent)
Jurisdiction
England and Wales
Judgment Date
28 January 2000
Procedural Posture
Civil Appeal / Appeal From First Instance Decision on Stay Under Arbitration Act 1996
Outcome
appeal dismissed
Legal Topics
Arbitration Agreement Scope, Stay of Proceedings, Contract Formation, Jurisdiction of Arbitrator
Arbitration Construction Law Contract Law Arbitration Agreement Scope Stay of Proceedings Contract Formation Jurisdiction of Arbitrator

Case Brief

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Parties

Claimant (Appellant)

Claimant

Defendant (Respondent)

Defendant

Procedural Posture

Civil Appeal / Appeal From First Instance Decision on Stay Under Arbitration Act 1996

Legal Issues

  1. 1 Whether the additional (second-fix) works were carried out under the original written contract containing an arbitration clause or under a separate oral contract without such a clause
  2. 2 Whether the court or the arbitrator should determine the existence and scope of the arbitration agreement under section 9 of the Arbitration Act 1996

Ratio Decidendi

The court found, on the affidavit and documentary evidence, that there was a single contract (the JCT Agreement of 12 July 1996) covering both the first and second-fix works, and that the arbitration clause in that contract applied to the entire dispute. Therefore, the action must be stayed under section 9 of the Arbitration Act 1996.

Court Disposition

appeal dismissed

Orders

  • Action stayed under section 9 of the Arbitration Act 1996
  • Costs awarded against the appellant