What are the Purchasers' arguments for a stay of execution of Colours' application for an arbitration order?
Alberta, Canada
The following excerpt is from Sehdev v. Colours by Battistella Inc., 2008 ABQB 248 (CanLII):
The Purchasers next argue that the stay should be denied on the basis that Colours has failed to precisely define the nature of the dispute which it wishes to have referred to arbitration. They refer to the decision of Lord Macmillan in Heyman v. Darwins Limited [1942] A.C .356 which states that: Where proceedings at law are instituted by one of the parties to a contract containing an arbitration clause and the other party, founding on the clause, applies for a stay, the first thing to be ascertained is the precise nature of the dispute which has arisen (emphasis by the Purchasers).
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