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 conditions, including an arbitration clause, due to industry practice and explicit agreement at the meeting; therefore, proceedings must be stayed pending arbitration.
- Citation
- [1999] 2 IR 450
- Parties
- Plaintiff: Lynch Roofing Systems (Ballaghaderreen) Ltd.; Defendant: Bennet and Son (Construction) Ltd.
- Jurisdiction
- Ireland
- Procedural Posture
- Motion / Application for Stay Pending Arbitration
- Outcome
- stay granted
- Legal Topics
- Arbitration Clause, Contract Formation, Estoppel
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 / Application for Stay Pending Arbitration
Legal Issues
- 1 Whether the proceedings should be stayed pending arbitration under section 5 of the Arbitration Act 1980
- 2 Whether the arbitration clause was incorporated into the contract between the parties
Ratio Decidendi
The contract between the parties incorporated the standard conditions, including an arbitration clause, due to industry practice and explicit agreement at the meeting; therefore, proceedings must be stayed pending arbitration.
Court Disposition
stay granted
Orders
- Proceedings stayed pending arbitration as per contract clause
Full Case Text
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