Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2015] EWHC 2915 (TCC) (23 October 2015)

Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2015] EWHC 2915 (TCC) (23 October 2015)

The adjudicator was validly appointed under the contract, the correct procedure was followed, and the decision is enforceable as to fees but not as to delivery up of documents, since the adjudicator declined to order delivery up and there is no breach to enforce.

Citation
[2015] EWHC 2915 (TCC)
Parties
Claimant: Imperial Chemical Industries Ltd; Defendant: Merit Merrell Technology Ltd
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Application to Enforce Adjudicator's Decision / Judgment on Summary Enforcement Application
Outcome
Application granted in part; summary judgment for adjudicator's fees, declaration of validity of adjudicator's decision, application for delivery up of documents refused.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Contract Interpretation, Delivery Up of Documents
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Contract Interpretation Delivery Up of Documents

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Parties

Imperial Chemical Industries Ltd

Claimant

Merit Merrell Technology Ltd

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision / Judgment on Summary Enforcement Application

Legal Issues

  1. 1 Was the adjudicator validly appointed under the contract?
  2. 2 Did the correct adjudication procedure and rules apply?
  3. 3 Is the adjudicator's decision enforceable, including delivery up of documents and payment of fees?

Ratio Decidendi

The adjudicator was validly appointed under the contract, the correct procedure was followed, and the decision is enforceable as to fees but not as to delivery up of documents, since the adjudicator declined to order delivery up and there is no breach to enforce.

Court Disposition

Application granted in part; summary judgment for adjudicator's fees, declaration of validity of adjudicator's decision, application for delivery up of documents refused.

Orders

  • Summary judgment for adjudicator's fees plus VAT and interest.
  • Declaration that adjudicator's decision is valid and binding.