La Pantofola D'Oro SPA v Blane Leisure Ltd [1999] ScotCS 261 (5 November 1999)

La Pantofola D'Oro SPA v Blane Leisure Ltd [1999] ScotCS 261 (5 November 1999)

The pursuers, by actively pursuing litigation, finalising pleadings, and preparing for a court inquiry on the merits, objectively waived their right to insist on arbitration under the contract. The defenders conducted their affairs on the basis of this waiver. The motion to sist for arbitration was therefore refused.

Citation
[1999] ScotCS 261
Parties
Pursuer: La Pantofola D'Oro S. P. A.; Defender: Blane Leisure Limited
Jurisdiction
Scotland
Judgment Date
05 November 1999
Procedural Posture
Commercial Action / Motion to Sist (stay) Proceedings for Arbitration
Outcome
Motion to sist for arbitration refused
Legal Topics
Waiver of Arbitration Rights, Enforcement of Arbitration Clauses, Jurisdiction of Courts Vs Arbitration, Commercial Contracts, Quality of Goods
Contract Law Civil Procedure Arbitration Waiver of Arbitration Rights Enforcement of Arbitration Clauses Jurisdiction of Courts Vs Arbitration Commercial Contracts Quality of Goods

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Parties

La Pantofola D'Oro S. P. A.

Pursuer

Blane Leisure Limited

Defender

Procedural Posture

Commercial Action / Motion to Sist (stay) Proceedings for Arbitration

Legal Issues

  1. 1 Whether the pursuers had waived their contractual right to arbitration under the Distribution Agreement
  2. 2 Whether the defenders conducted their affairs on the basis of such waiver

Ratio Decidendi

The pursuers, by actively pursuing litigation, finalising pleadings, and preparing for a court inquiry on the merits, objectively waived their right to insist on arbitration under the contract. The defenders conducted their affairs on the basis of this waiver. The motion to sist for arbitration was therefore refused.

Court Disposition

Motion to sist for arbitration refused

Orders

  • Refusal of pursuers' motion to sist the action for arbitration