States of Guernsey v Jacobs UK Ltd

States of Guernsey v Jacobs UK Ltd

No binding arbitration agreement was concluded between the parties because Jacobs' letter of 7 April 2005 was a counter-offer, not an acceptance, and Guernsey never accepted the condition attached to that counter-offer. There was no consensus ad idem on arbitration.

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, Construction Contracts
Contract Law Arbitration Existence of Arbitration Agreement Offer and Acceptance Construction Contracts

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Parties

States of Guernsey

Claimant

Jacobs UK Limited

Defendant

Procedural Posture

Part 8 Proceedings / Judgment

Legal Issues

  1. 1 Whether there was a binding arbitration agreement between States of Guernsey and Jacobs UK Limited in relation to the Guernsey Airport Terminal Project

Ratio Decidendi

No binding arbitration agreement was concluded between the parties because Jacobs' letter of 7 April 2005 was a counter-offer, not an acceptance, and Guernsey never accepted the condition attached to that counter-offer. There was no consensus ad idem on arbitration.

Court Disposition

Claim dismissed

Orders

  • Guernsey’s Part 8 proceedings are dismissed
  • No arbitration agreement existed between States of Guernsey and Jacobs UK Limited in relation to the Guernsey Airport Terminal Project