Multiplex Constructions (UK) Ltd v Mott MacDonald Ltd

Multiplex Constructions (UK) Ltd v Mott MacDonald Ltd

The adjudicator was acting within his jurisdiction in interpreting the phrase 'all records pertinent to the Services' as a pre-existing dispute existed between the parties; therefore, the adjudicator’s decision is binding until finally determined by agreement or arbitration.

Parties
Claimant: Multiplex Constructions (UK) Limited; Defendant: Mott MacDonald Limited
Jurisdiction
England and Wales
Judgment Date
10 January 2007
Procedural Posture
Application for Summary Judgment to Enforce Adjudicator’s Decision / Judgment on Summary Judgment Application
Outcome
Summary judgment application dismissed except for declaration on jurisdiction.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Specific Performance, Interpretation of Contract Terms
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Specific Performance Interpretation of Contract Terms

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Parties

Multiplex Constructions (UK) Limited

Claimant

Mott MacDonald Limited

Defendant

Procedural Posture

Application for Summary Judgment to Enforce Adjudicator’s Decision / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the disputes referred
  2. 2 Whether Mott MacDonald complied with the adjudicator’s decision
  3. 3 Interpretation of 'all records pertinent to the Services' under clause 13.1

Ratio Decidendi

The adjudicator was acting within his jurisdiction in interpreting the phrase 'all records pertinent to the Services' as a pre-existing dispute existed between the parties; therefore, the adjudicator’s decision is binding until finally determined by agreement or arbitration.

Court Disposition

Summary judgment application dismissed except for declaration on jurisdiction.

Orders

  • Declaration granted that the adjudicator’s decision is binding on the parties until finally determined by agreement or arbitration.
  • Application for summary judgment for specific performance, injunction, and/or damages dismissed.