In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was bound to provide one.
Judges:
Lord Reed
Citations:
Times 09-Oct-2001, [2001] ScotCS 159
Links:
Statutes:
Housing Grants, Construction and Regeneration Act 1996 108, Scheme for Construction Contracts (Scotland) Regulations 1988 (1998 No 687)
Citing:
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Lists of cited by and citing cases may be incomplete.
Scotland, Construction, Arbitration
Updated: 04 June 2022; Ref: scu.164233
