20 November 2008
Delta Reclamation Ltd v Premier Waste Management Ltd [2008] EWHC B16
It is highly arguable that the issue of a claim form to resolve a dispute falling within an arbitration agreement is a repudiatory breach of the agreement. However, a defendant who indicates that he is preserving his right to apply, under s 9 of the Arbitration Act 1996, for a stay to pursue arbitration proceedings and has taken no further steps in the action, has done nothing amounting to an acceptance of that breach so as to bring the arbitration agreement to an end.
