27 Mar 2013
HEALTHLINK LIMITED V ORION SYSTEMS INTERNATIONAL LIMITED & ORS HC AK CIV-2012-404-1167
- Citation
- openlaw-584f53b8_ac8c_44ed_ba9e_fbd430a24ecb.pdf
- Court
- High Court
The Court held the first and third defendants were not parties to the arbitration agreement in the licence between the plaintiff and the second defendant; payments to the non‑signatories could be explained by delegation or authorisation from the contracting party rather than by their accession to the contract; therefore the defendants could not compel arbitration against the first and third defendants, and while a stay was appropriate, a permanent stay as to those non‑signatories was refused and the claims against them were stayed only until further order (the stay as to the second defendant…