9 May 1988
HOPEWELL CONSTRUCTION CO. LTD. v. MASS TRANSIT RAILWAY CONRPORATION
- Citation
- HOPEWELL CONSTRUCTION CO. LTD. v. MASS TRANSIT RAILWAY CONRPORATION
- Court
- Court of First Instance
- Case number
- HCMP569/1988
For MP569 the court held the arbitrator has jurisdiction to determine the counterclaim and to reopen the architect's certifications because clause 136.2 expressly empowers the arbitrator to open up, review and revise the architect's decisions and parties are not limited to evidence before the architect; payment under contract did not bar MTR from challenging over‑certification. For MP634 the court held the arbitrator lacked jurisdiction over the $149,184.75 defective‑design claim because there was no evidence the architect had made a decision under clause 136 as a condition precedent to arbit…