1 Jun 2007
ISHIMARU LIMITED V PAGE HC AK CIV 2007-404-1342
- Citation
- openlaw-cdf6e852_efb1_4b4d_9c02_b7e5a8bcf7df.pdf
- Court
- High Court
Clause 2(b) of the consent memorandum, entered into and recorded in writing by counsel with implied authority, was intended in the commercial context to permit Mr Page to pursue his claims in the District Court or High Court and thereby superseded the arbitration agreement in the original contract; consequently no existing arbitration agreement remained to trigger art 8 and there was no jurisdiction to order a stay.