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All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another - [1914-15] All ER Rep 900

Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900
Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION
ASTBURY J
4, 25 MARCH 1915
31 MARCH 1915
Arbitration - Submission - Article of company - Application for membership of company and acceptance Rule for all disputes between company and members to be referred. Company - Articles - Effect - Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision of an arbitrator. In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,

Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all differences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted.

Notes
Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194. Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2

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HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to:

(1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a.
(2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362.
(3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152.
(4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. [1914-15] All ER Rep 900 at 901

(5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374.
(6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498.
(7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48; 30 TLR 696, CA; 10...
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