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Amec Civil Engineering Ltd v Secretary of State for Transport

Amec Civil Engineering Ltd v Secretary of State for Transport 17 March 2005 May, Rix, and Hooper LJJ Court of Appeal [2005] EWCA Civ 291 [2005] ArbLR 4 Arbitration award--Challenge--Jurisdiction--Existence of `dispute'--Scope of reference to arbitration--Engineer's decision referred to arbitration-- Preconditions--Validity of Engineer's decision--Existence of `dispute'--Short time limit imposed to consider claim--Whether `dispute' arising for reference to Engineer (yes)--Whether Engineer subject to rules of natural justice (no)--Whether Engineer's conflict of interest rendered decision invalid (no)-- Whether arbitrator's jurisdiction limited to defects identified by Engineer (no)--Arbitration Act 1996, s 67 Engineer's decision valid precondition to arbitration despite conflict of interest and failure to apply rules of natural justice The Secretary of State entered into a contract with Amec Civil Engineering Ltd for renovation works at Thelwall Viaduct. The contract was on the ICE conditions (5th edn). Works were substantially completed in 1996. Defects came to light in 2002. The Highways Agency referred the matter to the Engineer under the contract, but also made a parallel claim against the Engineer. Amec's correspondence was not made available to the Engineer, nor was Amec afforded an opportunity to make submissions. The decision was requested urgently and the Engineer drafted it before receiving the formal request. The Engineer issued a decision on a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Amec Civil Engineering Ltd v Secretary of State for Transport

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Amec Civil Engineering Ltd v Secretary of State for Transport

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

17 March 2005 May, Rix, and Hooper LJJ Court of Appeal [2005] EWCA Civ 291 [2005] ArbLR 4 Arbitration award--Challenge--Jurisdiction--Existence of `dispute'--Scope of reference to arbitration--Engineer's decision referred to arbitration-- Preconditions--Validity of Engineer's decision--Existence of `dispute'--Short time limit imposed to consider claim--Whether `dispute' arising for reference to Engineer (yes)--Whether Engineer subject to rules of natural justice (no)--Whether Engineer's conflict of interest rendered decision invalid (no)-- Whether arbitrator's jurisdiction limited to defects identified by Engineer (no)--Arbitration Act 1996, s 67 Engineer's decision valid precondition to arbitration despite conflict of interest and failure to apply rules of natural justice The Secretary of State entered into a contract with Amec Civil Engineering Ltd for renovation works at Thelwall Viaduct. The contract was on the ICE conditions (5th edn). Works were substantially completed in 1996. Defects came to light in 2002. The Highways Agency referred the matter to the Engineer under the contract, but also made a parallel claim against the Engineer. Amec's correspondence was not made available to the Engineer, nor was Amec afforded an opportunity to make submissions. The decision was requested urgently and the Engineer drafted it before receiving the formal request. The Engineer issued a decision on a

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.43
Publisher site
See Article on Publisher Site

Abstract

17 March 2005 May, Rix, and Hooper LJJ Court of Appeal [2005] EWCA Civ 291 [2005] ArbLR 4 Arbitration award--Challenge--Jurisdiction--Existence of `dispute'--Scope of reference to arbitration--Engineer's decision referred to arbitration-- Preconditions--Validity of Engineer's decision--Existence of `dispute'--Short time limit imposed to consider claim--Whether `dispute' arising for reference to Engineer (yes)--Whether Engineer subject to rules of natural justice (no)--Whether Engineer's conflict of interest rendered decision invalid (no)-- Whether arbitrator's jurisdiction limited to defects identified by Engineer (no)--Arbitration Act 1996, s 67 Engineer's decision valid precondition to arbitration despite conflict of interest and failure to apply rules of natural justice The Secretary of State entered into a contract with Amec Civil Engineering Ltd for renovation works at Thelwall Viaduct. The contract was on the ICE conditions (5th edn). Works were substantially completed in 1996. Defects came to light in 2002. The Highways Agency referred the matter to the Engineer under the contract, but also made a parallel claim against the Engineer. Amec's correspondence was not made available to the Engineer, nor was Amec afforded an opportunity to make submissions. The decision was requested urgently and the Engineer drafted it before receiving the formal request. The Engineer issued a decision on a

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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