Jurisdiction(s):
United Kingdom

England and Wales High Court on arbitration stays and freezing orders: s9 ‘matter’, interim relief left to tribunal, and third parties invoking arbitration clause (Sodzawiczny v Ruhan)

Published on: 01 August 2018

Published by a LexisNexis Dispute Resolution expert

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Article summary

Sodzawiczny v Ruhan and others [2018] EWHC 1908 (Comm) What are the practical implications of this case?

The judgment places primary emphasis on how the court should approach an application to stay proceedings under AA 1996, s 9. Following an extensive analysis of the authorities, Popplewell J articulated the governing principles as follows:

treat as matters raised by the proceedings any issue capable of amounting to a dispute or difference that may fall within an arbitration agreement
where issues are not fully set out or developed, the court should seek to foresee and identify those which may reasonably arise
stay the proceedings so far as any issue falls within the scope of the arbitration agreement; the exercise is not to single out the main issue, but to find all issues that could be the subject of arbitration
where a dispute is arbitral, the parties’ bargain to arbitrate must be given effect
in considering the claim, the court should look at the nature and...

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