The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration.
Held: The appeal failed. There was nothing in section 111(1) to prevent a party seeking arbitration and a stay for that arbitration.
Judges:
Brooke LJ, Clarke LJ, Neuberger LJ
Citations:
[2004] EWCA Civ 1757, Times 03-Jan-2005
Links:
Statutes:
Arbitration Act 1996 9, Housing Grants, Construction and Regeneration Act 1996 111(1)
Jurisdiction:
England and Wales
Citing:
Cited – Halki Shipping Corporation v Sopex Oils Limited CA 19-Dec-1997
The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act.
Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and . .
Approved – Amec Civil Engineering Ltd v The Secretary of State for Transport TCC 11-Oct-2004
The court affirmed an interim arbitration award as to jurisdiction in an arbitration commenced by the Secretary of State against the contractors in relation to work carried out by them on the Thelwall viaduct. The court identified seven applicable . .
Cited by:
Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Mentioned – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Construction, Arbitration
Updated: 28 June 2022; Ref: scu.220662