The Business Law Reports
[2012] Bus LR 542
Court of Appeal
Barclays Bank plc
v
Nylon Capital LLP
[2011] EWCA Civ 826
2011 June 13;
July 18
Lord Neuberger of Abbotsbury MR, Thomas, Etherton LJJ
Contract— Construction— Expert determination clause— Stay of proceedings— Dispute arising between defendant partnership and claimant member— Claimant bringing court proceedings for declaration— Defendant seeking stay on ground dispute within expert determination clause in partnership agreement— Whether expert’s jurisdiction first to be determined by expert or court— Whether dispute within clause— Whether proceedings to be stayed— Whether wrong determination of law relating to scope of expert’s mandate challengable
Practice— Judgment— Reserved judgment— Parties settling action after hearing and requesting court not to give judgment— Relevant factors to be considered— Whether court to give judgment
Practice— Stay of proceedings— Expert determination— Contract containing expert determination clause— Defendant seeking stay of court proceedings on ground dispute within expert determination clause— Whether expert’s jurisdiction first to be determined by expert or court— Whether proceedings to be stayed