Assaubayev & Ors v Michael Wilson & Partners Ltd [2012] EWHC 90223 (Costs) (26 October 2012)

Assaubayev & Ors v Michael Wilson & Partners Ltd [2012] EWHC 90223 (Costs) (26 October 2012)

The court held that there was a concluded arbitration agreement in the engagement letter, and the dispute fell within its scope. The Claimants failed to demonstrate that the arbitration agreement was null and void, inoperative, or incapable of being performed. The statutory rights under the Solicitors Act 1974 did not preclude the operation of the arbitration clause in this context. Accordingly, a stay of the proceedings was granted under section 9 of the Arbitration Act 1996.

Citation
[2012] EWHC 90223 (Costs)
Parties
Claimant: Kanat Shaikhanovich Assaubayev; Claimant: Marusya Maralovna Assaubayev; Claimant: Baurzhan Kanatovich Assaubayev; Claimant: Aidar Kanatovich Assaubayev; Claimant: Sanzhar Kanatovich Assaubayev; Claimant: Hawkinson Capital Inc.; Claimant: JSC Credit Altyn Bank; Defendant: Michael Wilson & Partners, Ltd.
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Part 8 Proceedings Under the Solicitors Act 1974 / Application for Stay of Proceedings Pending Arbitration
Outcome
Stay granted
Legal Topics
Arbitration Agreement Validity, Jurisdiction of Court Vs Arbitration, Solicitors Act 1974 Application, Contentious Business Agreements, Statutory Rights to Assessment of Costs, Authority to Contract, Public Policy and Ouster of Court Jurisdiction
Arbitration Legal Profession Regulation Contract Law Costs Arbitration Agreement Validity Jurisdiction of Court Vs Arbitration Solicitors Act 1974 Application Contentious Business Agreements +3 more

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 5 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kanat Shaikhanovich Assaubayev

Claimant

Marusya Maralovna Assaubayev

Claimant

Baurzhan Kanatovich Assaubayev

Claimant

Aidar Kanatovich Assaubayev

Claimant

Sanzhar Kanatovich Assaubayev

Claimant

Hawkinson Capital Inc.

Claimant

JSC Credit Altyn Bank

Claimant

Michael Wilson & Partners, Ltd.

Defendant

Procedural Posture

Part 8 Proceedings Under the Solicitors Act 1974 / Application for Stay of Proceedings Pending Arbitration

Legal Issues

  1. 1 Whether the proceedings under the Solicitors Act 1974 should be stayed in favour of arbitration under section 9 of the Arbitration Act 1996
  2. 2 Whether the arbitration agreement in the engagement letter is valid, applicable, or contrary to public policy
  3. 3 Whether Michael Wilson & Partners, Ltd. is subject to the Solicitors Act 1974 and the court's jurisdiction

Ratio Decidendi

The court held that there was a concluded arbitration agreement in the engagement letter, and the dispute fell within its scope. The Claimants failed to demonstrate that the arbitration agreement was null and void, inoperative, or incapable of being performed. The statutory rights under the Solicitors Act 1974 did not preclude the operation of the arbitration clause in this context. Accordingly, a stay of the proceedings was granted under section 9 of the Arbitration Act 1996.

Court Disposition

Stay granted

Orders

  • All further proceedings in this action are stayed pursuant to section 9 of the Arbitration Act 1996.