“…ction (2)(a)”, i.e. “a declaration as to the insured’s liability” to the third party. Mr Watson drew my attention to Fulham FC (1987) Ltd v. Sir David Richards [2011] EWCA Civ 855, [2012] Ch 333. The Court of Appeal upheld Vos J’s decision staying Fulham’s “unfair prejudice” petition under section 994 of the Companies Act 2006, to enable…”
“…prohibited neither by the terms of section 1028(3) of the 2006 Act nor by public policy. There is a close analogy to Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855, [2012] Ch 333, where arbitration was held to be available in the context of a petition for relief under section 994 of the 2006 Act. That case shows that the …”