9.8 Procedure for applying for a stay on the basis that the court should not exercise its jurisdiction
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(1) A defendant who contends that the court should not exercise its jurisdiction in respect of any proceedings may apply to the court for a declaration to that effect and for a stay of the proceedings.
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(2) Except where a defendant also disputes service, a defendant who wishes to make an application under paragraph (1) must first file an acknowledgment of service if one has not been previously filed.
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(3) An application under paragraph (1) of this rule may be made at any time.
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(4) An application under this rule must be supported by evidence on affidavit.
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(5) If on application under this rule the court does not make a declaration, it —
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(a) may —
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(i) fix a date for a case management conference, or
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(ii) treat the hearing of the application as a case management conference; and
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(b) must make an order as to the period for filing a defence if none has yet been filed.
• Part 26 sets out powers which the court may exercise at a case management conference.
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(6) Where a defendant makes an application under this rule, the period for filing a defence (where none has yet been filed) is extended until the time specified by the court under paragraph (5)(b) and such period may be extended only by an order of the court.
• Rule 10.3(4) deals with an application to stay proceedings where there is a binding agreement to arbitrate.