Lynch Roofing Systems (Ballaghaderreen) Ltd. v. Bennet and Son (Construction) Ltd. [1998] IEHC 216; [1999] 2 IR 450 (26th June, 1998)
The contract between the parties incorporated the standard RIAI conditions, including an arbitration clause, due to the parties' experience and the course of dealings. Therefore, the dispute must be referred to arbitration and the court proceedings stayed.
- Citation
- [1998] IEHC 216
- Parties
- Plaintiff: Lynch Roofing Systems (Ballaghaderreen) Ltd.; Defendant: Bennet and Son (Construction) Ltd.
- Jurisdiction
- Ireland
- Procedural Posture
- Motion to Stay Proceedings Pending Arbitration / Interlocutory
- Outcome
- proceedings stayed pending arbitration
- Legal Topics
- Arbitration Clause, Incorporation of Standard Terms, Stay of Proceedings, Construction Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
Lynch Roofing Systems (Ballaghaderreen) Ltd.
Plaintiff
Bennet and Son (Construction) Ltd.
Defendant
Procedural Posture
Motion to Stay Proceedings Pending Arbitration / Interlocutory
Legal Issues
- 1 Whether the contract between the parties incorporated an arbitration clause requiring disputes to be referred to arbitration
- 2 Whether the proceedings should be stayed pending arbitration
Ratio Decidendi
The contract between the parties incorporated the standard RIAI conditions, including an arbitration clause, due to the parties' experience and the course of dealings. Therefore, the dispute must be referred to arbitration and the court proceedings stayed.
Court Disposition
proceedings stayed pending arbitration
Orders
- Stay of proceedings granted pursuant to section 5 of the Arbitration Act 1980
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