DCC 393/1998

The original dispute was a request that the court appoint an auditor to decide the amount due by a partner who had mismanaged a company to that company. It was claimed the court did not have jurisdiction because the parties had agreed to arbitration. A key point was that although the articles of association included an agreement there would be arbitration on disputes between the partners it had not be structured to include disputes between one partner and the company. The clause should be interpreted narrowly.

Background