Look out for a jump in joinders
Language: English Series: Construction News ; 6939 20 October 2005 15(1)Publication details: 2005Subject(s): Summary: Discusses "City and General (Holborn) v AYH" (unreported), where C sought an order under the Arbitration Act 1996 for the appointment of a named arbitrator to consider disputes between C and its project managers and quantity surveyors A. The project had run considerably over time and budget, and C had previously served notices of arbitration against the main contractor, K, under which a wide range of disputes had been referred to the same arbitrator. When C served notice on A requiring them to agree to the appointment of the arbitrator, it relied on the joinder clause in the contract (which was JCT Standard Form of Building Contract (1980 Edition) cl41), allowing the arbitrator to consider parallel disputes where one party was common to both and substantially the same issues were involved. A denied that there was a sufficiently close connection between the issues arising from the two disputes. "Held": it was not necessary for all, or even the majority, of the issues, to be the same; it was sufficient if a 'material portion' were the same, or connected. C's request was granted.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L13414 (Browse shelf(Opens below)) | 1 | Available | 131414-1001 |
Discusses "City and General (Holborn) v AYH" (unreported), where C sought an order under the Arbitration Act 1996 for the appointment of a named arbitrator to consider disputes between C and its project managers and quantity surveyors A. The project had run considerably over time and budget, and C had previously served notices of arbitration against the main contractor, K, under which a wide range of disputes had been referred to the same arbitrator. When C served notice on A requiring them to agree to the appointment of the arbitrator, it relied on the joinder clause in the contract (which was JCT Standard Form of Building Contract (1980 Edition) cl41), allowing the arbitrator to consider parallel disputes where one party was common to both and substantially the same issues were involved. A denied that there was a sufficiently close connection between the issues arising from the two disputes. "Held": it was not necessary for all, or even the majority, of the issues, to be the same; it was sufficient if a 'material portion' were the same, or connected. C's request was granted.