Nigel Peter Albon v. Naza Motor Trading SDN BHD & Ors. (No. 3)
England and Wales High Court of Justice
[2007] EWHC 665 (Ch.) (2007)
- Written by Sara Adams, JD
Facts
Nigel Albon (plaintiff) filed suit in the United Kingdom against Naza Motor Trading SDN BHD (Naza) (defendant). Albon asserted that he was owed money for overpayments related to a motor-vehicle-distribution agreement with Naza. The agreement was governed by English law. Naza applied for a stay of the proceedings, arguing that Naza and Albon had entered into a joint-venture agreement (JVA) that was governed by the law of Malaysia and established that arbitration would also be conducted in Malaysia. Albon refused to participate in arbitration and asserted that his signature on the JVA was forged and, therefore, the arbitration agreement had never been concluded. Naza argued that the United Kingdom proceedings must be stayed because the Malaysian arbitrators should decide the authenticity of the JVA during arbitration proceedings. Albon argued that the United Kingdom court should decide the forgery issue, and that the court should only grant a stay to allow for arbitration if the court found that the JVA was not forged and the arbitration agreement was actually concluded.
Rule of Law
Issue
Holding and Reasoning (Lightman, J.)
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