Hackwood Ltd v Areen Design Services Ltd

Hackwood Ltd v Areen Design Services Ltd

The 4th June letter incorporated the JCT Contract terms, including the arbitration clause, into the interim contract between Hackwood and ADS. The failure to agree certain options in the Appendix did not prevent incorporation or render the contract unenforceable. Hackwood is party to the arbitration agreement and the arbitration proceedings are properly constituted.

Parties
Claimant: Hackwood Ltd; Defendant: Areen Design Services Ltd
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Arbitration Claim / Judgment on Application Under S.72 Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Arbitration Agreement, Contract Incorporation, Letters of Intent, Jurisdiction of Arbitral Tribunal, Doctrine of Election
Arbitration Construction Law Arbitration Agreement Contract Incorporation Letters of Intent Jurisdiction of Arbitral Tribunal Doctrine of Election

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Parties

Hackwood Ltd

Claimant

Areen Design Services Ltd

Defendant

Procedural Posture

Arbitration Claim / Judgment on Application Under S.72 Arbitration Act 1996

Legal Issues

  1. 1 Whether Hackwood Ltd is party to an arbitration agreement with Areen Design Services Ltd
  2. 2 Whether arbitration proceedings initiated by ADS are a nullity
  3. 3 Whether Hackwood is debarred from participating in the arbitration after s.72 application

Ratio Decidendi

The 4th June letter incorporated the JCT Contract terms, including the arbitration clause, into the interim contract between Hackwood and ADS. The failure to agree certain options in the Appendix did not prevent incorporation or render the contract unenforceable. Hackwood is party to the arbitration agreement and the arbitration proceedings are properly constituted.

Court Disposition

Application dismissed

Orders

  • Hackwood’s application under s.72 Arbitration Act 1996 dismissed
  • ADS’s cross-application dismissed