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Thames Valley Power Ltd v Total Gas & Power Ltd

Thames Valley Power Ltd v Total Gas & Power Ltd 27 September 2005 Clarke J Commercial Court [2005] EWHC 2208 [2005] ArbLR 60 Arbitration agreement--Enforcement--Stay--Party giving formal notice of force majeure--Application for a stay--Dispute resolution provision referring any `dispute or disagreement' to expert determination--Reference to arbitration in the event of any failure of expert determination--Whether provision an arbitration agreement (no)--Whether grant of stay in favour of expert determination mandatory (no)--Arbitration Act 1950, s 4--Arbitration Act 1975, s 1 -- Arbitration Act 1996, s 9 Court has discretion not to grant stay for expert determination ATCO Power Generation Limited and EDF Energy (Energy Branch) plc were successful bidders for a contract to run and operate a heat and power facility at Heathrow Airport. They formed Thames Valley Power Ltd (`TVPL') to own and run the facility under a set of contracts with Heathrow Airport Ltd. In 1995, TVPL concluded a gas supply agreement with Total Marketing which was succeeded by Total Gas & Power Ltd. Under this contract, Total were to be the sole suppliers of gas over a 15-year period. Special condition 11 of the contract provided for the appointment of an expert and, in the event that no expert could reasonably be appointed or for any other http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Thames Valley Power Ltd v Total Gas & Power Ltd

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

Thames Valley Power Ltd v Total Gas & Power Ltd

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

Abstract

27 September 2005 Clarke J Commercial Court [2005] EWHC 2208 [2005] ArbLR 60 Arbitration agreement--Enforcement--Stay--Party giving formal notice of force majeure--Application for a stay--Dispute resolution provision referring any `dispute or disagreement' to expert determination--Reference to arbitration in the event of any failure of expert determination--Whether provision an arbitration agreement (no)--Whether grant of stay in favour of expert determination mandatory (no)--Arbitration Act 1950, s 4--Arbitration Act 1975, s 1 -- Arbitration Act 1996, s 9 Court has discretion not to grant stay for expert determination ATCO Power Generation Limited and EDF Energy (Energy Branch) plc were successful bidders for a contract to run and operate a heat and power facility at Heathrow Airport. They formed Thames Valley Power Ltd (`TVPL') to own and run the facility under a set of contracts with Heathrow Airport Ltd. In 1995, TVPL concluded a gas supply agreement with Total Marketing which was succeeded by Total Gas & Power Ltd. Under this contract, Total were to be the sole suppliers of gas over a 15-year period. Special condition 11 of the contract provided for the appointment of an expert and, in the event that no expert could reasonably be appointed or for any other

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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/2005.1.881
Publisher site
See Article on Publisher Site

Abstract

27 September 2005 Clarke J Commercial Court [2005] EWHC 2208 [2005] ArbLR 60 Arbitration agreement--Enforcement--Stay--Party giving formal notice of force majeure--Application for a stay--Dispute resolution provision referring any `dispute or disagreement' to expert determination--Reference to arbitration in the event of any failure of expert determination--Whether provision an arbitration agreement (no)--Whether grant of stay in favour of expert determination mandatory (no)--Arbitration Act 1950, s 4--Arbitration Act 1975, s 1 -- Arbitration Act 1996, s 9 Court has discretion not to grant stay for expert determination ATCO Power Generation Limited and EDF Energy (Energy Branch) plc were successful bidders for a contract to run and operate a heat and power facility at Heathrow Airport. They formed Thames Valley Power Ltd (`TVPL') to own and run the facility under a set of contracts with Heathrow Airport Ltd. In 1995, TVPL concluded a gas supply agreement with Total Marketing which was succeeded by Total Gas & Power Ltd. Under this contract, Total were to be the sole suppliers of gas over a 15-year period. Special condition 11 of the contract provided for the appointment of an expert and, in the event that no expert could reasonably be appointed or for any other

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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