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Law Debenture Trust Co plc v Elektrim Finance BV and Ors

Law Debenture Trust Co plc v Elektrim Finance BV and Ors 1 July 2005 Mann J Commercial Court [2005] EWHC 1412 [2005] ArbLR 40 Arbitration agreement--Enforcement--Stay--Parallel proceedings--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether court should decide issues of arbitral jurisdiction and scope of arbitration agreement (yes)--Whether to grant stay (no)--Arbitration Act 1996, s 9 Arbitration agreement--Enforcement--Application for declaration that no arbitration agreement exists--Whether applicant participated in arbitral proceedings (no)--Whether applicant entitled to declaration (yes)--Arbitration Act 1996, s 72 Arbitration proceeding--Parallel proceedings--Stay of arbitration--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether disputes within arbitration agreement (no)--Whether to order stay of arbitration (yes) Arbitral proceedings stayed where disputes outside scope of arbitration agreement Law Debenture, trustee for various bondholders, sought payment under bonds issued by Elektrim Finance and guaranteed by Elektrim SA. Law Debenture gave notice of three events of default and acceleration. Law Debenture subsequently gave a further notice of default and another acceleration notice. The debenture trust deed was governed by an arbitration agreement, but also contained a clause allowing Law Debenture the exclusive right at its option `to apply to the courts of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Law Debenture Trust Co plc v Elektrim Finance BV and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Law Debenture Trust Co plc v Elektrim Finance BV and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

1 July 2005 Mann J Commercial Court [2005] EWHC 1412 [2005] ArbLR 40 Arbitration agreement--Enforcement--Stay--Parallel proceedings--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether court should decide issues of arbitral jurisdiction and scope of arbitration agreement (yes)--Whether to grant stay (no)--Arbitration Act 1996, s 9 Arbitration agreement--Enforcement--Application for declaration that no arbitration agreement exists--Whether applicant participated in arbitral proceedings (no)--Whether applicant entitled to declaration (yes)--Arbitration Act 1996, s 72 Arbitration proceeding--Parallel proceedings--Stay of arbitration--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether disputes within arbitration agreement (no)--Whether to order stay of arbitration (yes) Arbitral proceedings stayed where disputes outside scope of arbitration agreement Law Debenture, trustee for various bondholders, sought payment under bonds issued by Elektrim Finance and guaranteed by Elektrim SA. Law Debenture gave notice of three events of default and acceleration. Law Debenture subsequently gave a further notice of default and another acceleration notice. The debenture trust deed was governed by an arbitration agreement, but also contained a clause allowing Law Debenture the exclusive right at its option `to apply to the courts of

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.539
Publisher site
See Article on Publisher Site

Abstract

1 July 2005 Mann J Commercial Court [2005] EWHC 1412 [2005] ArbLR 40 Arbitration agreement--Enforcement--Stay--Parallel proceedings--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether court should decide issues of arbitral jurisdiction and scope of arbitration agreement (yes)--Whether to grant stay (no)--Arbitration Act 1996, s 9 Arbitration agreement--Enforcement--Application for declaration that no arbitration agreement exists--Whether applicant participated in arbitral proceedings (no)--Whether applicant entitled to declaration (yes)--Arbitration Act 1996, s 72 Arbitration proceeding--Parallel proceedings--Stay of arbitration--Dispute resolution clause providing for arbitration and granting right to one party to commence litigation--Arbitral and litigation proceedings commenced-- Whether disputes within arbitration agreement (no)--Whether to order stay of arbitration (yes) Arbitral proceedings stayed where disputes outside scope of arbitration agreement Law Debenture, trustee for various bondholders, sought payment under bonds issued by Elektrim Finance and guaranteed by Elektrim SA. Law Debenture gave notice of three events of default and acceleration. Law Debenture subsequently gave a further notice of default and another acceleration notice. The debenture trust deed was governed by an arbitration agreement, but also contained a clause allowing Law Debenture the exclusive right at its option `to apply to the courts of

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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