EL NASHARTY v J SAINSBURY PLC

[2008] 1 Lloyd's Rep. 360

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Tomlinson

Arbitration - Stay of proceedings - Contract containing arbitration clause - Claimant bringing action in English courts asserting that contract was made under duress - Defendant applying for stay in favour of arbitration - Claimant relying on article 6 of European Convention of Human Rights - Whether arbitration agreement constituted waiver of claimant’s right of access to court - Whether claimant waived right to avoid arbitration clause for duress - Arbitration Act 1996, sections 7 and 9.