Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MODERN BUILDINGS WALES LTD. v. LIMMER AND TRINIDAD CO. LTD.

[1975] 2 Lloyd's Rep. 318

COURT OF APPEAL

Before Lord Justice Buckley and Lord Justice Ormrod

Arbitration - Stay of proceedings - Dispute as to existence of arbitration agreement - Determination of dispute on interlocutory motion for stay - Construction of contract - Question whether arbitration clause incorporated in contract - Duty of Court to determine point of construction before defendant took further steps in proceedings - Arbitration Act, 1950, s. 4 (1).

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