Stay of judicial proceedings: existence of arbitration agreement

In Município de Mariana and Others v BHP Group (UK) Ltd and Another [2023] EWHC 3281 (TCC); [2024] 1 Lloyd's Rep 106 Waksman J discussed a series of important points on the application of section 9 of the Arbitration Act 1996 where the respondent contends that it is not a party to the arbitration agreement and has not taken the first opportunity to seek a stay.

BHP : the facts