Stay of judicial proceedings: "inoperative or incapable of being performed"
In Cranium Adspace Ltd v British American Tobacco (New Zealand) Ltd  NZHC 2922 Edwards J in the High Court of New Zealand has rejected the argument that an arbitration clause was inoperative or incapable of being performed simply because a third party had become involved in the dispute.
Cranium: the facts
On 15 May 2014 the parties entered into an agreement under which Cranium agreed to sell advertising space on BATNZ’s tobacco
dispensing units. Clause 15 was a dispute resolution clause.
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