WALTER LLEWELLYN & SONS LTD V EXCEL BRICKWORK LTD

[2010] EWHC 3415 (TCC), Queen's Bench Division, Technology and Construction Court, Mr Justice Akenhead, 22 December 2010

Arbitration - Whether parties had agreed to go to arbitration - Stay of proceedings - Arbitration Act 1996, section 9

The question was whether, on its proper interpretation, the dispute resolution clause in an incorporated sub-contract provided for arbitration. The court held that the wording "If the tribunal ... is arbitration" did not require arbitration, but merely provided for arbitration if the parties so agreed. There was nothing in the contract which amounted to such agreement and the proceedings would not be stayed.