Catchwords:

ARBITRATION – international commercial arbitration – appeal from refusal to stay proceeding in favour of arbitration under s 7 of the International Arbitration Act 1974 – where respondents filed stay application one year after proceeding was instituted – whether right to arbitration was waived – whether the primary judge’s discretion miscarried in determining the question of waiver rather than referring it to an arbitrator – whether the applicant suffered prejudice by reason of the respondents’ conduct