Section 4 Staying court proceedings where there is submission to arbitration.
United Kingdom
If any party to an arbitration agreement, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to those legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
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Annotations
Textual amendments
- F1
S. 4(2) repealed by Arbitration Act 1975 (c. 3), s. 8(2)
Modifications
- C1
S. 4(1) excluded by Arbitration Act 1975 (c. 3), s. 1(2)
- C2
S. 4(1) excluded by Merchant Shipping (Liner Conferences) Act 1982 (c. 37, SIF 111), s. 7(5)
- C3
S. 4(1) restricted by Consumer Arbitration Agreements Act 1988 (c. 21, SIF 5), ss. 1(3), 2, 3
- C4
S. 4(1) applied (1.5.1996) by S.I. 1996/1022, art.26
Notes on Part I
Textual amendments
- F1
Pt. I (ss. 1-34) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch.4; S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)
Modifications
- C1
Pt. I modified by Administration of Justice Act 1970 (c. 31, SIF 37), s. 4, Sch. 3; excluded by Employment Protection Act 1975 (c. 71), ss. 1, 3(5), Sch. 1 Pt. II para. 26
- C2
Pt. I (ss. 1–34) excluded by Arbitration Act 1979 (c. 42, SIF 5), s. 7(3)
- C3
Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 212(5), 302.
Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 263(6), 302.