City & General (Holborn) Ltd. v AYH Plc

City & General (Holborn) Ltd. v AYH Plc

Items 3, the first limb of Item 4, and Item 7 are within the arbitration clause; there is sufficient convergence of issues between the disputes with Kier and AYH to trigger clause 17.2; the court should exercise its discretion to appoint Mr Planterose as arbitrator under section 18 of the Arbitration Act 1996, excluding the second limb of Item 4 from arbitration.

Parties
Claimant: City & General (Holborn) Limited; Defendant: AYH PLC
Jurisdiction
England and Wales
Judgment Date
29 September 2005
Procedural Posture
Arbitration Claim / Judgment on Application for Appointment of Arbitrator
Outcome
Application granted
Legal Topics
Appointment of Arbitrator, Arbitration Clause Interpretation, Convergence of Issues, Dispute Resolution, Jurisdiction of Arbitrator
Arbitration Construction Law Contract Law Appointment of Arbitrator Arbitration Clause Interpretation Convergence of Issues Dispute Resolution Jurisdiction of Arbitrator

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Parties

City & General (Holborn) Limited

Claimant

AYH PLC

Defendant

Procedural Posture

Arbitration Claim / Judgment on Application for Appointment of Arbitrator

Legal Issues

  1. 1 Whether Items 3, 4, and 7 fall within the arbitration clause of the deeds of appointment
  2. 2 Whether there is sufficient convergence of issues to trigger clause 17.2 of the deeds of appointment
  3. 3 Whether the court should exercise its discretion to appoint Mr Planterose as arbitrator under section 18 of the Arbitration Act 1996

Ratio Decidendi

Items 3, the first limb of Item 4, and Item 7 are within the arbitration clause; there is sufficient convergence of issues between the disputes with Kier and AYH to trigger clause 17.2; the court should exercise its discretion to appoint Mr Planterose as arbitrator under section 18 of the Arbitration Act 1996, excluding the second limb of Item 4 from arbitration.

Court Disposition

Application granted

Orders

  • Mr Planterose is appointed as arbitrator in respect of the arbitration proceedings between CG and AYH commenced by CG’s arbitration notice dated 11th March 2005, excluding the second limb of Item 4 from the dispute referred to arbitration.
  • Counsel to agree precise formulation of the order and attempt to agree costs.