Ardentia Limited v British Telecommunications Plc [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC B12 (Ch), 19 June 2008. Case considers whether an applicant could issue court proceedings to obtain a permanent injunction when he failed to engage in mediation following the terms of an arbitration clause in a contract governing the relationship between the parties. Ardentia Limited (A) entered into a project agreement with British Communications (B) to provide information technology to the NHS. An argument arose between the two parties in respect of licence fees. A also argued that B was about to conclude a contract with another company for the development of a new software, therefore disrespecting an exclusive supplier clause in the agreement. One of its clause stipulated that in the event of a dispute, the parties would follow a dispute resolution procedure instead of referring to the courts, except in the case of an application for an interim injunction. A started proceedings in relation to these two matters. B requested arbitration. "Held": Interim relief from the court was to be used in only limited circumstances and to support the dispute resolution process, not to bypass it. The whole dispute resolution procedure had to be exhausted, so an injunction was not available. The judge ordered to stay the proceedings pending arbitration.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 146253-2001 |
[2008] EWHC B12 (Ch), 19 June 2008. Case considers whether an applicant could issue court proceedings to obtain a permanent injunction when he failed to engage in mediation following the terms of an arbitration clause in a contract governing the relationship between the parties. Ardentia Limited (A) entered into a project agreement with British Communications (B) to provide information technology to the NHS. An argument arose between the two parties in respect of licence fees. A also argued that B was about to conclude a contract with another company for the development of a new software, therefore disrespecting an exclusive supplier clause in the agreement. One of its clause stipulated that in the event of a dispute, the parties would follow a dispute resolution procedure instead of referring to the courts, except in the case of an application for an interim injunction. A started proceedings in relation to these two matters. B requested arbitration. "Held": Interim relief from the court was to be used in only limited circumstances and to support the dispute resolution process, not to bypass it. The whole dispute resolution procedure had to be exhausted, so an injunction was not available. The judge ordered to stay the proceedings pending arbitration.