City & General (Holborn) Ltd. v AYH Plc [2005] EWHC 2494 (TCC) (29 September 2005)

City & General (Holborn) Ltd. v AYH Plc [2005] EWHC 2494 (TCC) (29 September 2005)

Items 3, 7, and the first limb of Item 4 are within the arbitration clause; there is sufficient convergence of issues between the arbitrations 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.

Citation
[2005] EWHC 2494 (TCC)
Parties
Claimant: City & General (Holborn) Limited; Defendant: AYH PLC
Jurisdiction
England and Wales
Judgment Date
29 September 2005
Procedural Posture
Arbitration Claim / Application for Appointment of Arbitrator Under Section 18 Arbitration Act 1996
Outcome
Application granted
Legal Topics
Arbitration Clause Interpretation, Appointment of Arbitrator, Convergence of Issues in Related Arbitrations, Jurisdiction of Arbitrator, Contractual Duties of Project Manager and Quantity Surveyor
Construction Law Arbitration Arbitration Clause Interpretation Appointment of Arbitrator Convergence of Issues in Related Arbitrations Jurisdiction of Arbitrator Contractual Duties of Project Manager and Quantity Surveyor

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Parties

City & General (Holborn) Limited

Claimant

AYH PLC

Defendant

Procedural Posture

Arbitration Claim / Application for Appointment of Arbitrator Under Section 18 Arbitration Act 1996

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
  3. 3 Whether the court should exercise discretion to appoint Mr Planterose as arbitrator

Ratio Decidendi

Items 3, 7, and the first limb of Item 4 are within the arbitration clause; there is sufficient convergence of issues between the arbitrations 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 appointed as arbitrator in respect of the arbitration proceedings between CG and AYH commenced by CG's arbitration notice dated 11 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; court to resolve outstanding issues if necessary.