(1) Arbitration clause in an applicant form for the subscription of shares.
(2) Scope of the arbitration agreement.
(3) Waiver under section 9(3) of the English Arbitration Act 1996.
(4) Stay of court action under section 9(4) of the English Arbitration Act
(1) The content of the application form, including the arbitration clause,
was construed as an offer which had contractual effect when the offer was
accepted by allotment of shares to the applicant.
(2) The arbitration clause was considered wide enough to include claims
of fraudulent misrepresentation.
(3) An act by a party was not considered as a step in the proceedings in the
meaning of section 9(3) of the English Arbitration Act 1996 when the
party had specifically stated that it intended to seek a stay under section
(9)4 of the 1996 Act.
(4) The action before the court was stayed under section 9(4) of the 1996
Claimant: Capital Trust Investments Ltd (England)
Respondent: Radio Design TJ AB (Sweden) and others
Place of Court Proceedings:
The English Arbitration Act of 1996a