The adjudicator had delivered his decision out of time. The pursuer sought to enforce it. The defender aid that if it was delivered out of time it was void.
Held: The expiry of the time limit deprived the arbitrator of jursidcition to decide and the decision was void. The common law principles of arbitration do not give reliable guidance within the statutory scheme.
Judges:
Lord Abernethy And Lord Justice Clerk And Lord Nimmo Smith
Citations:
[2005] ScotCS CSIH – 32, Times 24-May-2005
Links:
Statutes:
Scheme for Construction Contracts (Scotland) Regulations 1998 (SI No 687)
Jurisdiction:
Scotland
Citing:
Appeal from – Ritchie Brothers (Pwc) Limited v David Philp (Commercials) Limited OHCS 14-Apr-2004
An arbitrator’s decision was to be delivered within a certain time. That date having passed, he no longer had jurisdiction to arbitrate, and his decision was void, . .
Distinguished – Macob Civil Engineering Ltd v Morrison Construction Ltd TCC 12-Feb-1999
Once made, an award by an adjudicator under the Scheme was enforceable immediately and should be enforced by writ and application for summary judgment, provided only that the arbitrator had jurisdiction to make the award. It remained payable . .
Cited – Macob Civil Engineering Ltd v Morrison Construction Ltd TCC 12-Feb-1999
Once made, an award by an adjudicator under the Scheme was enforceable immediately and should be enforced by writ and application for summary judgment, provided only that the arbitrator had jurisdiction to make the award. It remained payable . .
Cited – Simons Construction Limited v Aardvark Developments Limited TCC 29-Oct-2003
It was implicit in paragraph 19 that a first adjudicator’s jurisdiction nonetheless continued indefinitely until one of the parties invoked paragraph 19(2). . .
Cited – St Andrews Bay Development Limited v HBG Management Limited for Judicial Review of an Adjudicator’s Pretended Decision SCS 4-Apr-2003
An arbitrator’s failure may not be so serious as to make his decision a nullity. . .
Cited – Barnes and Elliot Ltd v Taylor Woodrow Holdings Ltd 2004
Whether a minor failure of an arbitrator was sufficient to vitiate his decision. . .
Lists of cited by and citing cases may be incomplete.
Scotland, Arbitration, Construction
Updated: 25 April 2022; Ref: scu.223993
