Emans v Jumpertz [2001] JRC 112 (18 May 2001)

Emans v Jumpertz [2001] JRC 112 (18 May 2001)

Clause 26 of the partnership agreement is a valid and binding arbitration agreement within the meaning of the Arbitration (Jersey) Law 1998. The requirements for referral to arbitration under clause 26.1 were satisfied by the Plaintiff's notice. The dispute falls within the scope of the arbitration agreement, and Article 6 of the Law mandates a stay of proceedings.

Citation
[2001] JRC 112
Parties
Plaintiff: Plaintiff; Defendant: Fourth Defendant; Defendant: Fifth Defendant; Defendant: Seventh Defendant; Defendant: Fourteenth Defendant
Jurisdiction
Jersey
Judgment Date
18 May 2001
Procedural Posture
Application to Stay Proceedings / Interlocutory Application
Outcome
Application granted; proceedings stayed in favour of arbitration.
Legal Topics
Arbitration Agreement Validity, Jurisdiction Clauses, Interpretation of Partnership Agreements, Stay of Proceedings
Arbitration Partnership Law Contract Law Arbitration Agreement Validity Jurisdiction Clauses Interpretation of Partnership Agreements Stay of Proceedings

Case Brief

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Parties

Plaintiff

Plaintiff

Fourth Defendant

Defendant

Fifth Defendant

Defendant

Seventh Defendant

Defendant

Fourteenth Defendant

Defendant

Procedural Posture

Application to Stay Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether clause 26 of the partnership agreement constitutes a valid arbitration agreement under Jersey law
  2. 2 Whether the requirements for referral to arbitration under clause 26.1 were satisfied
  3. 3 Whether the proceedings should be stayed in favour of arbitration

Ratio Decidendi

Clause 26 of the partnership agreement is a valid and binding arbitration agreement within the meaning of the Arbitration (Jersey) Law 1998. The requirements for referral to arbitration under clause 26.1 were satisfied by the Plaintiff's notice. The dispute falls within the scope of the arbitration agreement, and Article 6 of the Law mandates a stay of proceedings.

Court Disposition

Application granted; proceedings stayed in favour of arbitration.

Orders

  • Proceedings against the Applicants are stayed pending arbitration.