Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2016] EWHC B30 (TCC) (13 October 2016)

Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2016] EWHC B30 (TCC) (13 October 2016)

ICI did not raise a timely or clear jurisdictional objection to the adjudicator's jurisdiction over the dispute referred in adjudication no. 4; by participating and asking the adjudicator to decide the dispute, ICI submitted to his jurisdiction. The adjudicator's decision is therefore enforceable by summary judgment.

Citation
[2016] EWHC B30 (TCC)
Parties
Claimant: Imperial Chemical Industries Limited; Defendant: Merit Merrell Technology Limited
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Application to Enforce Adjudicator's Decision / Summary Judgment / High Court (tcc) Summary Judgment Hearing
Outcome
Summary judgment granted for the defendant (MMT) enforcing the adjudicator's decision.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Repudiation of Contract, Interim Payments, Waiver of Jurisdictional Objections
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Repudiation of Contract Interim Payments Waiver of Jurisdictional Objections

Case Brief

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Parties

Imperial Chemical Industries Limited

Claimant

Merit Merrell Technology Limited

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision / Summary Judgment / High Court (tcc) Summary Judgment Hearing

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute referred to him in adjudication no. 4
  2. 2 Whether the claimant (ICI) waived any jurisdictional objection by participating in the adjudication
  3. 3 Whether the adjudicator was bound by findings in a previous adjudication

Ratio Decidendi

ICI did not raise a timely or clear jurisdictional objection to the adjudicator's jurisdiction over the dispute referred in adjudication no. 4; by participating and asking the adjudicator to decide the dispute, ICI submitted to his jurisdiction. The adjudicator's decision is therefore enforceable by summary judgment.

Court Disposition

Summary judgment granted for the defendant (MMT) enforcing the adjudicator's decision.

Orders

  • Payment of £816,093.34 plus VAT and interest to MMT as set out in the adjudicator's decision.