WEALANDS v. CLC CONTRACTORS LTD. AND KEY SCAFFOLDING LTD. (FIRST THIRD PARTY) AND ANOTHER (SECOND THIRD PARTY)

[1999] 2 Lloyd's Rep. 739

COURT OF APPEAL

Before Lord Justice Nourse, Lord Justice Mantell and Lord Justice Mance

Arbitration - Arbitration agreement - Third party proceedings - Stay of action - Sub-contract between defendants and third party for provision of scaffolding - Defendant’s employee fell from scaffolding and died - Plaintiff claimed damages alleging negligence and breach of statutory duty - Defendant claimed against third party - Whether action should be stayed pursuant to arbitration agreement in sub-contract - Arbitration Act, 1996, s. 9.