26 Apr 2006
CARTER HOLT HARVEY LIMITED V GENESIS POWER LIMITED AND ANOR HC AK CIV-2001-404-1974
- Citation
- openlaw-e6ae2fa9_e282_46f2_b014_e71069793d2d.pdf
- Court
- High Court
Provisional decision to stay the domestic arbitration between Genesis and Rolls Royce pending final determination of the High Court proceeding, on conditions permitting cross-claims under r 163, deeming parties to waive rights to request a stay under Article 8(1) First Schedule Arbitration Act 1996 in respect of this proceeding, preserving limitation periods for claims before the arbitrator from 5 January 2004, and permitting a limited period for application to stay the related international arbitration; costs of the interlocutory hearing awarded to Rolls Royce against Genesis on a 2B basis.
- Stay of arbitration
- Jurisdiction to grant stay despite arbitration act
- Cross-claims and third party procedure (r 163, r 75)
- Preservation of limitation periods
- Waiver of article 8(1) rights
- Costs assessment (2b)