| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 109 (Aug) |
| Court: | Technology and Construction Court |
| Judge: | Judge David Wilcox |
| Representation | David Sears QC and Raymond Wicks QC (instructed by Dickinson Dees, Newcastle-upon-Tyne) for the claimant. |
| Stephen Dennison QC and Chantal-Aimée Doerries (instructed by Cobbetts, Manchester) for the defendant. | |
| Judgment Dates: | 20 August 2004 |
Catchwords
Arbitration - Arbitrator - Appointment - Delay - Notice of referral to arbitration in 1992 remaining valid.
The Case
In all the circumstances, a notice referring a dispute to arbitration in 1992 remained valid, notwithstanding the effluxion of time. Furthermore, having regard to the mutual contractual obligations arising out of an arbitration agreement, although delay might render the trial of disputes more difficult or unfair, it was difficult to accept that, in the absence of an arbitrator, who was the person vested with power under the contract to resolve the dispute, any responsibility for the delay in prosecuting the 1992 notice could be visited on the claimant.
Practice Areas
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