Cadent Gas Limited v CityFibre Limited

Cadent Gas Limited v CityFibre Limited

Claims under s. 82(1)(a) and (b) of the New Roads and Street Works Act 1991 are 'expressed as conferring a right to compensation' and thus fall within the statutory 'carve-out' in s. 96(3), excluding them from mandatory arbitration; disputes must be litigated in court rather than determined by an arbitrator.

Parties
Claimant/respondent in Arbitration: Cadent Gas Limited; Defendant/claimant in Arbitration: CityFibre Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Arbitration Challenge Under S. 67 Arbitration Act 1996 / Judgment on Substantive Jurisdictional Challenge
Outcome
Application allowed; partial award set aside; arbitrator lacked jurisdiction.
Legal Topics
Jurisdiction of Arbitrator, Street Works Compensation, Statutory 'carve Out' for Compensation, Recovery of Costs and Expenses, Dispute Resolution Mechanism
Arbitration Statutory Interpretation Public Utilities Law Jurisdiction of Arbitrator Street Works Compensation Statutory 'carve Out' for Compensation Recovery of Costs and Expenses Dispute Resolution Mechanism

Case Brief

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Parties

Cadent Gas Limited

Claimant/respondent in Arbitration

CityFibre Limited

Defendant/claimant in Arbitration

Procedural Posture

Arbitration Challenge Under S. 67 Arbitration Act 1996 / Judgment on Substantive Jurisdictional Challenge

Legal Issues

  1. 1 Whether claims under s. 82(1)(b) New Roads and Street Works Act 1991 are subject to mandatory arbitration or litigation
  2. 2 Interpretation of 'carve-out' for provisions 'expressed as conferring a right to compensation' in s. 96(3)
  3. 3 Whether administrative expenses under s. 96(1) are arbitrable or part of compensation claim

Ratio Decidendi

Claims under s. 82(1)(a) and (b) of the New Roads and Street Works Act 1991 are 'expressed as conferring a right to compensation' and thus fall within the statutory 'carve-out' in s. 96(3), excluding them from mandatory arbitration; disputes must be litigated in court rather than determined by an arbitrator.

Court Disposition

Application allowed; partial award set aside; arbitrator lacked jurisdiction.

Orders

  • Relevant paragraphs of partial award set aside and declared of no effect.
  • CityFibre to pay Cadent’s costs of arbitration proceedings (including jurisdiction challenge), tribunal’s costs, and costs of this claim.