Crest Nicholson (Eastern) Ltd v Western & Anor

Crest Nicholson (Eastern) Ltd v Western & Anor

There is no binding arbitration agreement between the parties under the NHBC Buildmark Scheme. Even if there were, only the Chartered Institute of Arbitrators could appoint the arbitrator, and Mr Malone's appointment by RICS is invalid, conferring no jurisdiction.

Parties
Claimant: Crest Nicholson (Eastern) Limited; Defendants: Mr and Mrs Western
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Civil / Judgment
Outcome
Declaration granted that Mr Malone has no jurisdiction as arbitrator to resolve the disputes between the parties.
Legal Topics
Arbitrator's Jurisdiction, Arbitration Agreement Validity, Appointment of Arbitrator, NHBC Buildmark Scheme, Costs in Arbitration Proceedings
Arbitration Contract Law Arbitrator's Jurisdiction Arbitration Agreement Validity Appointment of Arbitrator NHBC Buildmark Scheme Costs in Arbitration Proceedings

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Parties

Crest Nicholson (Eastern) Limited

Claimant

Mr and Mrs Western

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there is a binding arbitration agreement between the parties under the NHBC Buildmark Scheme
  2. 2 Whether the appointment of Mr Malone as arbitrator by RICS was valid
  3. 3 Whether the court has jurisdiction to make orders regarding costs incurred in the invalid arbitration proceedings

Ratio Decidendi

There is no binding arbitration agreement between the parties under the NHBC Buildmark Scheme. Even if there were, only the Chartered Institute of Arbitrators could appoint the arbitrator, and Mr Malone's appointment by RICS is invalid, conferring no jurisdiction.

Court Disposition

Declaration granted that Mr Malone has no jurisdiction as arbitrator to resolve the disputes between the parties.

Orders

  • The Westerns to pay £4,000 towards CNEL’s costs of these court proceedings.