000 01384cab a2200193 4500
001 ABS38359
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u10086
041 _aeng
245 _aCunningham-Reid and another v Buchanan-Jardine
260 _c1987
350 _a0
490 _aConstruction Industry Law Letter
_v(1987) CILL 368(1)
520 _aChD 23 June 1987 The defendant, an interior designer had contracted to carry out work in the plaintiffs` home and in the contract between them, any disputes or differences were to be referred to arbitration. The plaintiffs issued a writ in the High Court alleging that the defendant was guilty of fraud and relying on the High Court`s discretion under the Arbitration Act 1950 , the defendant sought an order to stay the court proceedings so that the dispute could be put to arbitration. ChD held that although there was a serious charge of fraud in this case, there was no good reason why the normal course of allowing the matter to proceed to arbitration as originally agreed by the two parties should not be adopted. The defendant was entitled to insist that the dispute be determined by arbitration rather than be exposed to the possible adverse possibility which legal proceedings would cause.
650 _aPROFESSIONAL PRACTICE
690 _aARBITRATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c6338
_d6338