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PART II.I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : Stay of legal proceedings

Arbitration Act 1996, Merkin and Flannery on the

PART II.I

ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : Stay of legal proceedings

Stay of legal proceedings

Notes


Page 160

§9.0 Pre-introduction: a bit of ancient history

Readers with no interest in the historical sources of arbitration should move to the next section. Those still reading may care to know that the first English statutory enactment of the idea of the courts recognising the parties’ right (and indeed their duty) to arbitrate appeared in the reign of William III, who in 1698 (when the world – and in particular the mercantile world – was poised on the edge of what we may call modernity) passed an ‘Act for Determining Differences by Arbitration’,1 in which it was provided:2

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