States of Guernsey v Jacobs UK Ltd [2011] EWHC 918 (TCC) (15 April 2011)

No binding arbitration agreement was formed because Jacobs' letter of 7 April 2005 was a counter-offer with a condition that Guernsey did not accept; therefore, Guernsey's proceedings fail.

Citation: [2011] EWHC 918 (TCC)
Parties: Claimant: States of Guernsey; Defendant: Jacobs UK Limited
Jurisdiction: England and Wales
Judgment Date: 15 April 2011
Procedural Posture: Part 8 Proceedings / Judgment
Outcome: Claim dismissed
Legal Topics: Existence of Arbitration Agreement, Offer and Acceptance, Professional Services Contracts

Contract Law Arbitration Existence of Arbitration Agreement Offer and Acceptance Professional Services Contracts

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Parties

States of Guernsey

Claimant

Jacobs UK Limited

Defendant

Procedural Posture

Part 8 Proceedings / Judgment

Legal Issues

1 Whether a binding arbitration agreement existed between the parties
2 Whether offer and acceptance principles resulted in a contract for arbitration

Ratio Decidendi

No binding arbitration agreement was formed because Jacobs' letter of 7 April 2005 was a counter-offer with a condition that Guernsey did not accept; therefore, Guernsey's proceedings fail.

Court Disposition

Claim dismissed

Orders

Guernsey's Part 8 proceedings are dismissed
If parties agree, declaration may be issued that no arbitration agreement existed between Guernsey and Jacobs for the Airport Terminal Project