The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay.
Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation of the phrase.
Judges:
Lord Justice Ward Lord Justice Dyson Lord Justice Carnwath
Citations:
[2005] EWCA Civ 193, Times 13-May-2005
Links:
Statutes:
Housing Grants, Construction and Regeneration Act 1996, Arbitration Act 1996 108(1)
Jurisdiction:
England and Wales
Construction, Arbitration
Updated: 29 June 2022; Ref: scu.223283