The major source of company law in the UK is the Companies Act of 2006 (the "Act"). The law governing internal corporate administration is outlined in Section 33 of the Act (Salim et al.,2019). According to this section, a company's articles must govern internal corporate management, including "rel...
To have the High Court proceedings halted and the subject sent to arbitration as specified
in the articles, Tick Tembo should attempt to rely on the principle of estoppel by representation.
According to the Milkline (Z) Ltd.'s bylaws, Tick Tembo should ask the High Court to halt the
litigation and refer the issue to arbitration. He must show the court that arbitration is the
preferred method of dispute settlement according to the company's bylaws. The court will then
review the facts before deciding whether to approve the application. If the court approves the
application, the matter will then be sent to arbitration, and the parties will be required to abide by
the arbitrator's ruling.
The Companies Act 2006
The major source of company law in the UK is the Companies Act of 2006 (the "Act").
The law governing internal corporate administration is outlined in Section 33 of the Act (Salim
et al.,2019). According to this section, a company's articles must govern internal corporate
management, including "relations among its members" (s.33(1)). The Milkline (Z) Ltd's articles
will therefore be relevant in this case when deciding whether to send the conflict between the
company and its members to arbitration.
The Arbitration Act 1996
In the UK, the primary source of arbitration law is the Arbitration Act of 1996 (the
"Act"). An arbitration agreement is defined in Section 9 of the Act as a written agreement to
submit a dispute to arbitration, and it must meet certain requirements in order to be enforceable
(Section 10(1)) (Font, J. P. 2019). As a result, if Milkline (Z) Ltd's bylaws stipulate that any
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