Motacus Constructions Ltd v Paolo Castelli SpA

Motacus Constructions Ltd v Paolo Castelli SpA

The court held that enforcement of an adjudicator’s decision by summary judgment is an interim measure of protection within art. 7 of the 2005 Hague Convention, and thus the English court is not required to suspend or dismiss proceedings despite the exclusive jurisdiction clause in favour of the courts of Paris, France. The public policy exception in art. 6(c) was not engaged as the high threshold was not met.

Parties
Claimant: Motacus Constructions Limited; Defendant: Paolo Castelli SPA
Jurisdiction
England and Wales
Judgment Date
22 February 2021
Procedural Posture
Construction Contract – Adjudication Enforcement – Summary Judgment / Summary Judgment Application to Enforce Adjudicator’s Decision
Outcome
Summary judgment for the claimant
Legal Topics
Adjudication Enforcement, Exclusive Jurisdiction Clauses, Interim Measures of Protection, Summary Judgment, Public Policy Exception, Hague Convention 2005
Construction Law Private International Law Civil Procedure Adjudication Enforcement Exclusive Jurisdiction Clauses Interim Measures of Protection Summary Judgment Public Policy Exception +1 more

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Parties

Motacus Constructions Limited

Claimant

Paolo Castelli SPA

Defendant

Procedural Posture

Construction Contract – Adjudication Enforcement – Summary Judgment / Summary Judgment Application to Enforce Adjudicator’s Decision

Legal Issues

  1. 1 Whether the English court’s jurisdiction is ousted by a foreign exclusive jurisdiction clause in a construction contract for works in England
  2. 2 Whether enforcement of an adjudicator’s decision is precluded by the 2005 Hague Convention, art. 6 or permitted by art. 7 as an interim measure of protection

Ratio Decidendi

The court held that enforcement of an adjudicator’s decision by summary judgment is an interim measure of protection within art. 7 of the 2005 Hague Convention, and thus the English court is not required to suspend or dismiss proceedings despite the exclusive jurisdiction clause in favour of the courts of Paris, France. The public policy exception in art. 6(c) was not engaged as the high threshold was not met.

Court Disposition

Summary judgment for the claimant

Orders

  • Summary judgment entered for the claimant in the sum of £454,678.65 plus VAT as due
  • Interest of £4,085.88 to 15 December 2020 and further accrued interest of £6,079.26 to 15 February 2021, continuing at £99.66 per day until payment