Amec Civil Engineering Ltd v Secretary of State for Transport

Amec Civil Engineering Ltd v Secretary of State for Transport

A dispute existed by 10th December 2002 as AMEC's response constituted a non-admission of liability; the engineer's decision was valid as there was no contractual or legal requirement for natural justice procedures; and the arbitrator's jurisdiction extends to all matters referred to the engineer, not just those...

Source-derived case information.

Parties
Claimant (in These Proceedings), Respondent (in Arbitration): AMEC Civil Engineering Limited; Respondent (in These Proceedings), Claimant (in Arbitration): The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
11 October 2004
Procedural Posture
Arbitration Challenge (section 67 Arbitration Act 1996) / Judgment on Challenge to Arbitrator's Jurisdiction; Application for Permission to Appeal
Outcome
Application to set aside arbitrator's interim award dismissed; arbitrator's jurisdiction confirmed; permission to appeal granted.
Legal Topics
Jurisdiction of Arbitrator, Dispute Crystallisation, Natural Justice in Engineer's Decisions, Interpretation of Arbitration Clauses, Scope of Arbitral Reference
Arbitration Construction Law Contract Law Jurisdiction of Arbitrator Dispute Crystallisation Natural Justice in Engineer's Decisions Interpretation of Arbitration Clauses Scope of Arbitral Reference

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Parties

AMEC Civil Engineering Limited

Claimant (in These Proceedings), Respondent (in Arbitration)

The Secretary of State for Transport

Respondent (in These Proceedings), Claimant (in Arbitration)

Procedural Posture

Arbitration Challenge (section 67 Arbitration Act 1996) / Judgment on Challenge to Arbitrator's Jurisdiction; Application for Permission to Appeal

Legal Issues

  1. 1 Whether a dispute existed on 11th December 2002 capable of reference to the engineer under clause 66
  2. 2 Whether the engineer's decision dated 18th December 2002 was valid under clause 66
  3. 3 Whether the arbitrator's jurisdiction is limited to defects A, B, and C as identified in the engineer's decision

Ratio Decidendi

A dispute existed by 10th December 2002 as AMEC's response constituted a non-admission of liability; the engineer's decision was valid as there was no contractual or legal requirement for natural justice procedures; and the arbitrator's jurisdiction extends to all matters referred to the engineer, not just those specifically identified in the engineer's decision.

Court Disposition

Application to set aside arbitrator's interim award dismissed; arbitrator's jurisdiction confirmed; permission to appeal granted.

Orders

  • Order under section 67(3)(a) Arbitration Act 1996 confirming the interim award of the arbitrator dated 30th March 2004.
  • AMEC to pay the Secretary of State's costs assessed at £12,798.50.