EL NASHARTY v J SAINSBURY PLC
[2008] Lloyd's Rep. Plus 11
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Tomlinson
Arbitration – Stay of proceedings – Contract containing
arbitration clause – Claimant bringing action in English courts asserting that
contract was made under duress – Defendant applying for stay in favour of
arbitration – Claimant relying on article 6 of European Convention of Human
Rights – Whether arbitration agreement constituted waiver of claimant’s right
of access to court – Whether claimant waived right to avoid arbitration clause for
duress – Arbitration Act 1996, sections 7 and 9.