T & T Fabrications Ltd & Anr v Hubbard Architectural Metalwork Ltd

Jeremy Glover discusses rhe ruling in Barrier Ltd v Redhall Marine Ltd which considers the incorporation of arbitration agreements.

Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.