The applicant sought leave to defend the enforcement of an arbitration award.
Held: The adjudicator had accepted oral and written communications with one party, from which the other party was excluded. This was such a serious breach of the rules of natural justice, that the court ought not to give summary judgment enforcing the award. Leave to defend given: ‘the adjudicator has to conduct the proceedings in accordance with the rules of natural justice or as fairly as the limitations imposed by Parliament permit’.
Honour Judge Bowsher QC
[2000] BLR 402
England and Wales
Cited by:
Leave to defend – Discain Project Services Ltd v Opecrime Development Ltd TCC 11-Apr-2001
. .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard TCC 26-Apr-2005
Application for leave to appeal against arbitrator’s award in construction dispute.
Held: The appeal was declined. . .
See Also – Discain Project Services Limited v Opecprime Developments Limited TCC 11-Dec-2001
. .
See Also – Discain Project Services Ltd v Opecprime Developments Ltd (2) TCC 11-Dec-2001
This was a dispute between contractors. D had been engaged to install balconies on flats constructed by O. Targets were set, but there were difficulties in obtaining supplies. Continued negotiations confused the situation. Eventually the contract . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.235378 br>