WSP Cel Ltd v Dalkia Utilities Services Plc [2012] EWHC 2428 (TCC) (28 August 2012)

WSP Cel Ltd v Dalkia Utilities Services Plc [2012] EWHC 2428 (TCC) (28 August 2012)

The Consent Agreement expressly extended the time for referring any aspect of the Final Account dispute to adjudication and conferred exclusive jurisdiction on the Adjudicator to determine the effect and interpretation of the agreement, including jurisdictional issues. Therefore, the Adjudicator had jurisdiction to determine all aspects of the dispute, and the decision is enforceable by summary judgment.

Citation
[2012] EWHC 2428 (TCC)
Parties
Claimant: WSP CEL Limited; Defendant: Dalkia Utilities Services PLC
Jurisdiction
England and Wales
Judgment Date
28 August 2012
Procedural Posture
Part 24 Application for Summary Judgment / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Variation of Contract Terms, Time Limits for Dispute Referral
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Variation of Contract Terms Time Limits for Dispute Referral

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Parties

WSP CEL Limited

Claimant

Dalkia Utilities Services PLC

Defendant

Procedural Posture

Part 24 Application for Summary Judgment / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Did the Consent Agreement confer jurisdiction on the Adjudicator to determine the Final Account dispute?
  2. 2 Were claims time-barred under NEC Clause W1.3(2)?
  3. 3 Was the Adjudicator's decision enforceable despite jurisdictional objections?

Ratio Decidendi

The Consent Agreement expressly extended the time for referring any aspect of the Final Account dispute to adjudication and conferred exclusive jurisdiction on the Adjudicator to determine the effect and interpretation of the agreement, including jurisdictional issues. Therefore, the Adjudicator had jurisdiction to determine all aspects of the dispute, and the decision is enforceable by summary judgment.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Defendant to pay claimant £1,054,800.60 exclusive of VAT as determined by the Adjudicator
  • Enforcement of the Adjudicator's decision