Stay of legal proceedings: null and void, inoperative and incapable of being performed

In Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC) Coulson J had to determine not only whether there was an arbitration agreement in respect of the subject matter of the legal proceedings, but also whether – for a wide variety of suggested reasons – any such agreement was null and void or inoperative.

The decision is an important addition to otherwise sparse authority on when an arbitration agreement will fail on those grounds. The case is discussed by Fiona Sinclair QC and Tim Chelmick of 4 New Square .