In my view, the filing of a response is a step taken pursuant to our Rules of Court. The parties' intentions are irrelevant. They have attorned to the jurisdiction of this Court and, having done so, this Court has no jurisdiction to order the stay in favour of arbitration.
Wednesday, 2 November 2011
Filing a Response Precludes Arbitration
In a very succinct judgment in Morgan v. Dadi, Madam Justice Wedge explained that filing a Response to a Petition is step taken in a proceeding that attorns the filing party to the jurisdiction of the court and thus precludes it from relying on an arbitration clause: