UKCA [1987] 2 All ER 763/1987
Etri Fans Ltd v NMB (UK) Ltd
Type
Case
Court
UK Court of Appeal - Civil Division
Jurisdiction
Dubai International Financial Centre, England, Wales
Taxonomy
Arbitration
Copyright
LexisNexis
Decision date
19 Mar 1987
Hearing/Judgment date
19 March 1987
Panel
Fox and Woolf LJJ
Catchwords
Arbitration – Party to proceedings – Defence – Application for stay
763/1987
Summary
This case looked at what constituted “any party to the proceedings” under the Arbitration Act 1975, and as such, be entitled to apply for a stay. Since the appellants had not been sued by the French company's sister company (E Ltd), they were not entitled to a stay under the 1975 Act even if they were joined in the action. Since the facts fell within the matters provided for by the 1975 Act, the court would not exercise its power to grant a stay.