S9 ARBITRATION ACT 1996  

In City Of London v Ashok Sancheti – Lawtel 21.11.08 the Court of Appeal emphasised that Section 9 could not apply if the parties to the court proceedings were not the parties, or persons claiming through or under a party, to the arbitration agreement. The fact that s.9 referred to a "party to an arbitration agreement against whom legal proceedings are brought... in respect of a matter which under the agreement is to be referred to arbitration" did not obviate the need for the Claimant also to be a party. It was not sufficient that there was simply "a matter" which was to be referred to arbitration or that there was a mere connection between the Claimant and another person who was bound by the arbitration agreement. A stay under s.9 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.