22 Feb 2006
CARTER HOLT HARVEY LIMITED V GENESIS POWER LIMITED HC AK CIV-2001-404-1974
- Citation
- openlaw-94eed85b_ee37_4dab_a8e8_b8d54d57b7fc.pdf
- Court
- High Court
The Court held that an application to stay the arbitration may be brought as an interlocutory application in the existing proceeding and, on the facts pleaded, the High Court retains jurisdiction to grant a stay of the arbitration. Article 5 of the First Schedule to the Arbitration Act 1996 does not bar court intervention here because Article 8 (which triggers the Article 5 restriction) is not engaged: the matters before the Court are not themselves the subject of an arbitration agreement between the parties in the present proceedings. Whether a stay should be granted on the merits remains a…