Stay of arbitration proceedings: scope of arbitration clause
In Cavity Insulation Guarantee Agency Ltd v Thermabead Ltd, 2019,
unreported, Roger ter Haar QC, sitting as a Deputy High Court Judge, was faced
with an arbitration clause contained in the rules of an association and
designed to deal with disputes between members of the association and their
customers. The question for the court was whether the clause applied also to
disputes between the association and its members.
The difficulty was that there was no agreedarbitration procedure for the latter, and the arbitration procedure had altered
over the years for disputes between members and customers. Despite these
difficulties, the court was able to conclude that the parties had entered into
a valid and binding arbitration agreement.
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