Sure Care Services Ltd v At Your Request Franchise Group Ltd - [2010] 3 NZLR 102

Arbitration — Agreement to arbitrate — Clause allowing either party to refer matter to arbitration — Party referring to arbitration after other party had filed proceeding in court — Whether court proceeding to be stayed — Arbitration Act 1996, ss 5 and 10(1) and Sch 1, art 8.

Practice and procedure — Arbitration cases — Clause allowing either party to refer matter to arbitration — Party referring to arbitration after other party had filed proceeding in court — Whether court proceeding to be stayed — Arbitration Act 1996, ss 5 and 10(1) and Sch 1, art 8.