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Lafarge (Agregates) Ltd v Newham London Borough Council

Lafarge (Agregates) Ltd v Newham London Borough Council 24 June 2002 Cooke J Commercial Court [2005] EWHC 1337 [2005] ArbLR 38 Arbitration award--Challenge--Jurisdiction--Contract requiring reference to arbitration within three months of adjudicator's decision--Contract deeming notice of arbitration to be served within `two working days' of being sent--Arbitrator deciding that Saturday counted as a `working' day for the purposes of calculating three month period--Whether delivery of unsigned adjudicator's decision by e-mail effective (yes)--Whether Saturday a `working day' (no) --Whether reference to arbitration made within time limits (no)--Whether adjudicator's decision final (yes)--Whether arbitrator had jurisdiction (no)-- Arbitration Act 1996, s 67 `Working day' does not include a Saturday for the purposes of calculating time limits for reference to arbitration Lafarge and Newham concluded a contract for minor civil engineering works. Disputes arose concerning the valuation of Lafarge's work. Lafarge referred the disputes to adjudication. The adjudicator gave instructions for all communications to be exchanged electronically. He issued an unsigned decision by e-mail on Saturday, 13 August 2004. A signed hard copy was received by Newham, by post, on 17 August 2004. The parties' contract required any reference to arbitration to be within three months of the adjudicator's decision. It further specified that service of any notice of arbitration http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Lafarge (Agregates) Ltd v Newham London Borough Council

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

Lafarge (Agregates) Ltd v Newham London Borough Council

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

Abstract

24 June 2002 Cooke J Commercial Court [2005] EWHC 1337 [2005] ArbLR 38 Arbitration award--Challenge--Jurisdiction--Contract requiring reference to arbitration within three months of adjudicator's decision--Contract deeming notice of arbitration to be served within `two working days' of being sent--Arbitrator deciding that Saturday counted as a `working' day for the purposes of calculating three month period--Whether delivery of unsigned adjudicator's decision by e-mail effective (yes)--Whether Saturday a `working day' (no) --Whether reference to arbitration made within time limits (no)--Whether adjudicator's decision final (yes)--Whether arbitrator had jurisdiction (no)-- Arbitration Act 1996, s 67 `Working day' does not include a Saturday for the purposes of calculating time limits for reference to arbitration Lafarge and Newham concluded a contract for minor civil engineering works. Disputes arose concerning the valuation of Lafarge's work. Lafarge referred the disputes to adjudication. The adjudicator gave instructions for all communications to be exchanged electronically. He issued an unsigned decision by e-mail on Saturday, 13 August 2004. A signed hard copy was received by Newham, by post, on 17 August 2004. The parties' contract required any reference to arbitration to be within three months of the adjudicator's decision. It further specified that service of any notice of arbitration

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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/2005.1.507
Publisher site
See Article on Publisher Site

Abstract

24 June 2002 Cooke J Commercial Court [2005] EWHC 1337 [2005] ArbLR 38 Arbitration award--Challenge--Jurisdiction--Contract requiring reference to arbitration within three months of adjudicator's decision--Contract deeming notice of arbitration to be served within `two working days' of being sent--Arbitrator deciding that Saturday counted as a `working' day for the purposes of calculating three month period--Whether delivery of unsigned adjudicator's decision by e-mail effective (yes)--Whether Saturday a `working day' (no) --Whether reference to arbitration made within time limits (no)--Whether adjudicator's decision final (yes)--Whether arbitrator had jurisdiction (no)-- Arbitration Act 1996, s 67 `Working day' does not include a Saturday for the purposes of calculating time limits for reference to arbitration Lafarge and Newham concluded a contract for minor civil engineering works. Disputes arose concerning the valuation of Lafarge's work. Lafarge referred the disputes to adjudication. The adjudicator gave instructions for all communications to be exchanged electronically. He issued an unsigned decision by e-mail on Saturday, 13 August 2004. A signed hard copy was received by Newham, by post, on 17 August 2004. The parties' contract required any reference to arbitration to be within three months of the adjudicator's decision. It further specified that service of any notice of arbitration

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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