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XLtd v YLtd

XLtd v YLtd 22 March 2005 Jackson J Technology and Construction Court [2005] EWHC 769 [2005] ArbLR 69 Arbitration award--Challenge--Jurisdiction--Subject matter--Multiple contracts--Multiple parties--Transfer of contractual obligations--Whether disputes arising under one contract subject to arbitration provision in related contract (no)--Arbitration Act 1996, s 67 Disputes under separate contracts between different parties not governed by the same arbitration agreement Between 1985 and 1987 a specialized plant was installed in a building at the premises of Z (`Plant'). During commissioning in 1991, corrosion was discovered. Tenders were requested for proposals to repair and modify the Plant on the basis of a document known as Specification A. Y's tender was successful. Y entered into a contract with A (`PDS Contract') for a project definition study and proposal to repair and modify the Plant, to plan and cost the work and to provide a price proposal for implementation. The PDS Contract contained an arbitration agreement. In early 1993, X became involved in running Z. By contract with A dated 5 March 1993, X undertook the operation and maintenance of Z's facilities (`Term Contract'). Clause 7 of the Term Contract provided for X to enter into project contracts with A for specific work relating to Z. One http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

XLtd v YLtd

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

XLtd v YLtd

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

Abstract

22 March 2005 Jackson J Technology and Construction Court [2005] EWHC 769 [2005] ArbLR 69 Arbitration award--Challenge--Jurisdiction--Subject matter--Multiple contracts--Multiple parties--Transfer of contractual obligations--Whether disputes arising under one contract subject to arbitration provision in related contract (no)--Arbitration Act 1996, s 67 Disputes under separate contracts between different parties not governed by the same arbitration agreement Between 1985 and 1987 a specialized plant was installed in a building at the premises of Z (`Plant'). During commissioning in 1991, corrosion was discovered. Tenders were requested for proposals to repair and modify the Plant on the basis of a document known as Specification A. Y's tender was successful. Y entered into a contract with A (`PDS Contract') for a project definition study and proposal to repair and modify the Plant, to plan and cost the work and to provide a price proposal for implementation. The PDS Contract contained an arbitration agreement. In early 1993, X became involved in running Z. By contract with A dated 5 March 1993, X undertook the operation and maintenance of Z's facilities (`Term Contract'). Clause 7 of the Term Contract provided for X to enter into project contracts with A for specific work relating to Z. One

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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/2005.1.1025
Publisher site
See Article on Publisher Site

Abstract

22 March 2005 Jackson J Technology and Construction Court [2005] EWHC 769 [2005] ArbLR 69 Arbitration award--Challenge--Jurisdiction--Subject matter--Multiple contracts--Multiple parties--Transfer of contractual obligations--Whether disputes arising under one contract subject to arbitration provision in related contract (no)--Arbitration Act 1996, s 67 Disputes under separate contracts between different parties not governed by the same arbitration agreement Between 1985 and 1987 a specialized plant was installed in a building at the premises of Z (`Plant'). During commissioning in 1991, corrosion was discovered. Tenders were requested for proposals to repair and modify the Plant on the basis of a document known as Specification A. Y's tender was successful. Y entered into a contract with A (`PDS Contract') for a project definition study and proposal to repair and modify the Plant, to plan and cost the work and to provide a price proposal for implementation. The PDS Contract contained an arbitration agreement. In early 1993, X became involved in running Z. By contract with A dated 5 March 1993, X undertook the operation and maintenance of Z's facilities (`Term Contract'). Clause 7 of the Term Contract provided for X to enter into project contracts with A for specific work relating to Z. One

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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