Williams v Artane Service Station Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1991
• Date: 01 January 1991
• Court: High Court

(H.C.)

Williams

and

Artane Service Station Ltd

Written agreement to carry on business as independent contractor - Termination clause in contract -Dispute arising from defendant's notification of termination - Plaintiff's claims for damages for breach of contract, injunctions and declaration that contract was not validly determined - Arbitration clause in contract - Dispute not covered by exceptions to arbitration clause - Whether its scope covered the relevant dispute - Whether proceedings should be stayed for the purpose of the dispute being determined by arbitration - Arbitration Act, 1980 (No. 7), s. 5.

The plaintiff was offered and accepted by written agreement a position as independent contractor at Rathdown Service Station, Grey-stones, County Wicklow to carry on business on behalf of the defendants on a commission basis. The plaintiff's appointment was open ended, but paragraph 7 (A) of the contract provided for termination by notice, 90 days by the defendant and 30 days by the plaintiff. Paragraph 7 (B) further provided for termination or suspension without notice for specified reasons. When Rathdown Service Station was closed following planning permission problems, the plaintiff moved to another service station of the defendants on the basis of an oral agreement. Agreement was not reached for the plaintiff to move back to Rathdown and the defendants notified the plaintiff that his contract for Rathdown was being terminated in accordance with paragraph 7 (A) of the agreement and that he could work out his ninety days notice in the other service station to which he had moved. The plaintiff instituted proceedings seeking, inter alia, damages for breach of contract, injunctions and a declaration that the agreement with the defendants had not been validly terminated. An arbitration clause in the agreement provided, inter alia, that disputes or differences as to the termination of the agreement otherwise than...