The position of a non-signatory to an arbitration agreement is a
topic of enduring interest in arbitration circles. The issue can
arise in a number of ways, depending on the non-signatory's
objectives. If the non-signatory would prefer to arbitrate rather
than litigate its dispute, it might bring an application to stay
court proceedings to arbitration. Alternatively, the non-signatory
may want to escape the consequences of an award already made
against it, and defend an application to enforce that award.
In England, the issue of the non-signatory has received
reasonably comprehensive treatment in the Court of Appeal (City
of London v Sancheti)1 and the Supreme Court
(Dallah v Government of Pakistan).2 Now, the
Irish High Court has had occasion to deal with a paradigm case.
The case arose out of the project to construct the new acute
hospital in Enniskillen, Northern Ireland....
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