Stay of judicial proceedings (Record no. 69331)

MARC details
000 -LEADER
fixed length control field 01540cam a2200217 4500
001 - CONTROL NUMBER
control field ABS65017
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 020123n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u116403
245 ## - TITLE STATEMENT
Title Stay of judicial proceedings
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Arbitration Law Monthly
Volume/sequential designation 1(8) October 2001, 9-10(2)
520 ## - SUMMARY, ETC.
Summary, etc. Article 8 of the Model Law requires a court to refuse to hear an action which falls within the scope of an arbitration clause. The only exceptions are where the arbitration agreement is null and void, inoperative or incapable of being performed. The English Arbitration Act 1996 s9 is identically phrased and the New Zealand Arbitration Act 1996 incorporates the Model Law almost word for word. Considers the issue of whether a court, when facing proceedings in which the claimant has asserted that the dispute fallls outside the scope of the arbitration clause, should decide that issue for itself or leave it to the arbitrators. Discusses the New Zealand case "Clarence Holdings Ltd v Prendos Ltd" which addressed this issue. It was found that the arbitration clause was inoperative because it was only found in the lease form and not in the fitting out agreement. The claimants were therefore allowed to take their case in court. [PARTLY TAKEN FROM JOURNAL HEADNOTE]
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CLARENCE HOLDINGS LTD V PRENDOS LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION CLAUSES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NEW ZEALAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Dispute resolution
9 (RLIN) 6236
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/01/2002   ABS65017 116403-1001 06/08/2019 1 06/08/2019 Journal article