“…n the judgments of Munby LJ in Joddrell v Peaktone Ltd [2012] EWCA Civ 1035, [2013] 1 WLR 784 and Newey LJ in Bridgehouse (Bradford No 2) Ltd v BAE Systems plc [2020] EWCA Civ 759, [2020] Bus LR 2025. In Joddrell Munby LJ explained:…”
“…ers under the agreement should be arbitrated, but that they should not be decided by a court (see for example Bridgehouse (Bradford No 2) Ltd v BAE Systems plc [2020] EWCA Civ 759; [2020] Bus LR 2025 (per Males LJ at [73])). The power to stay under s. 9 is not discretionary: if the "matter" in question falls within the scope of the arbit…”