Aedifice Partnership Ltd v Shah

Aedifice Partnership Ltd v Shah

The adjudicator was not given jurisdiction to decide his own jurisdiction, and there was no express or implied agreement to that effect. Mr Shah made an adequate and effective reservation of rights as to jurisdiction throughout the adjudication. Therefore, the adjudicator's decision is not enforceable against Mr Shah.

Parties
Claimant: Aedifice Partnership Limited; Defendant: Mr Ashwin Shah
Jurisdiction
England and Wales
Judgment Date
10 August 2010
Procedural Posture
Adjudication Enforcement Claim / Summary Judgment Application
Outcome
Claim dismissed
Legal Topics
Adjudication Enforcement, Jurisdictional Objections, Summary Judgment, Reservation of Rights, Waiver of Jurisdictional Objections
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Objections Summary Judgment Reservation of Rights Waiver of Jurisdictional Objections

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Parties

Aedifice Partnership Limited

Claimant

Mr Ashwin Shah

Defendant

Procedural Posture

Adjudication Enforcement Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to determine the dispute
  2. 2 Whether there was an express or implied agreement to give the adjudicator jurisdiction to decide his own jurisdiction
  3. 3 Whether the defendant made an effective reservation of rights as to jurisdiction

Ratio Decidendi

The adjudicator was not given jurisdiction to decide his own jurisdiction, and there was no express or implied agreement to that effect. Mr Shah made an adequate and effective reservation of rights as to jurisdiction throughout the adjudication. Therefore, the adjudicator's decision is not enforceable against Mr Shah.

Court Disposition

Claim dismissed

Orders

  • Aedifice’s claim for summary judgment is dismissed
  • Aedifice to pay Mr Shah’s costs, summarily assessed at £5000