Citation: BLR 231, [2009] EWHC 252 (TCC)
Nature of case: BT commenced Part 8 Proceedings for declarations concerning the existence and effect of dispute resolution procedures under a contract with SAE, and in the alternative sought declarations under s. 72 or s. 32 of the Arbitration Act 1996. The court was required to determine the applicability of the Act and the existence of an arbitration agreement, which BT claimed the Court should decide but which SAE asserted should be decided by an arbitrator. As no application for stay was made under s. 9 of the 1996 Act, the Court proceeded to determine the validity of the arbitration agreement. As no arbitration agreement was found to exist, BT was entitled to the declarations which it sought under the inherent jurisdiction of the court and not under any provision of the 1996 Act.
