Arbitration Law Monthly
Stay of judicial proceedings: existence of arbitration agreement
In IS Prime Ltd v TF Global Markets (UK) Ltd  EWHC 3375 (Comm) the parties had a tiered dispute resolution provision which included non-binding “arbitration”. The issue before Andrew Baker J was whether such a process was “arbitration” within the Arbitration Act 1996 so as to require a stay of English proceedings brought before the process had been exhausted. If not, the further question was whether the proceedings should be stayed under the general powers of the court.
: the facts