Case Law Update - Issue 4 (2010)

ADJUDICATION

See William Hare v Shepherd Construction under Keating Chambers Reported Cases on the insolvency exception to the pay when paid provisions of the HGCR Act.

Two contracts argument fails

Supablast (Nationwide) Ltd v Story Rail Ltd [2010] BLR 211 TCC Main contractor Story sought to challenge the jurisdiction of an adjudicator who had decided in favour of sub-contractor Supablast. Story argued that there were separate subcontracts for different elements of the works and that no adjudicator could preside over more than one adjudication. The court rejected this on the facts, holding that there was only one subcontract and/or the parties had behaved as if there was only one.

See Speymill Contracts v Baskind under Keating Chambers Reported Cases on the fraud defence to enforcement.

See SG South v Swan Yard (Cirencester) under Keating Chambers Reported Cases on 'statutory estoppel' in s.107(5) HGCR Act.

Construction Law Vol. 21 Issue 5 June 2010 contains the following articles:

Adjudication and liquidation by Andrew Jones, HBJ Gateley Wareing

Injuncting adjudication by Peter Stockill and Michael Taylor, 4 Pump Court

See Anglo Swiss Holdings v Packman under Keating Chambers Reported Cases on criteria for injunction to restrain adjudication.

See Yuanda (UK) v WW Gear under Keating Chambers Reported Cases on disapproval of Tolent clauses under s.108 HGCR Act.

Failure to consider defence condemned

Pilon v Breyer Group plc [2010] BLM Vole 27 No 5 TCC The adjudicator's decision not to consider a defence relied upon by the defendant constituted a material breach of the rules of natural justice, rendering the adjudicator's decision unenforceable. The adjudicator had decided that he had no jurisdiction to consider the set-off defence raised by Breyer because related to elements of the work which were not in dispute. The case is notable for analayis of Quartzelec v Honeywell Control Systems. (Fionnuala McCredie)

ARBITRATION AND DISPUTE RESOLUTION

Arbitration Vol. 76 No. 2 May 2010 contains the following articles:

Amendments to the Singapore International Arbitration Act by Leng Sun Chan, Ang & Partners, Singapore

The role of the doctrines of champerty and maintenance in arbitration by Jern-Fei Ng, Maxwell Chambers, Singapore

The court's powers to intervene in arbitration matters in England and Wales, with particular reference to the court's inherent and residual discretion by Daniel Brawn, Kuit Steinart Levy, Manchester

The right of appeal and judicial scrutiny of arbitral decisions and awards by the Hon. Justice Edward Torgbor, Stellenbosch University

'Litigation triage': the early assessment of civil and commercial claims and disputes by Jonathan Haydn-Williams, Goodman Derrick

Jackson endorses the benefits of mediation in the legal process in England and Wales by Ann Brady, Rougemont Chambers, Exeter

Mediation: a scheme in operation at the Mayor's and City of London Court by Anthony Connerty, Lamb Chambers

Settlements in international arbitration: comments on the CEDR Settlement Rules by Masood Ahmed, Birmingham City University

Effect of party insolvency on arbitration proceedings: pause for thought in testing times by Jonathan Sutcliffe and James Rogers, Fulbright & Jaworski

Arbitration Law Monthly Vol. 10 No 6 June/July 2010 contains the following articles

Arbitral procedure Car & Car Pte Ltd v Volkswagen AG in the Singapore High Court on the SIAC Rules.

Jurisdiction Republic of Serbia v Image Sat International on where jurisdiction is not justifiable in the English courts.

Agreement to arbitrate Capes (Hatherden) v Western Arable Services on whether an arbitration clause was incorporated by a course of dealing.

Commencing an arbitration Lantic Sugar v...