Winthorp Engineering & Contracting Ltd -v- Cleary & Doyle Contracting Ltd [2011] IEHC 249 (22 June 2011)

Winthorp Engineering & Contracting Ltd -v- Cleary & Doyle Contracting Ltd [2011] IEHC 249 (22 June 2011)

The dispute referred to arbitration arises out of or is connected with the sub-contract, and the arbitration clause applies; alternatively, industry practice and prior dealings indicate the parties intended disputes to be arbitrated. Therefore, the arbitrator has jurisdiction.

Citation
[2011] IEHC 249
Parties
Claimant: Winthrop Engineering & Contracting Limited; Respondent: Cleary & Doyle Contracting Limited
Jurisdiction
Ireland
Judgment Date
22 June 2011
Procedural Posture
Originating Notice of Motion / Judgment on Jurisdictional Challenge to Arbitration
Outcome
application dismissed
Legal Topics
Arbitration Clause Scope, Contractual Incorporation, Jurisdiction of Arbitrator
Arbitration Construction Law Arbitration Clause Scope Contractual Incorporation Jurisdiction of Arbitrator

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Parties

Winthrop Engineering & Contracting Limited

Claimant

Cleary & Doyle Contracting Limited

Respondent

Procedural Posture

Originating Notice of Motion / Judgment on Jurisdictional Challenge to Arbitration

Legal Issues

  1. 1 Whether the dispute is subject to the arbitration clause in the sub-contract
  2. 2 Whether the arbitrator has jurisdiction to determine the dispute
  3. 3 Whether a binding arbitration agreement exists for the disputed works

Ratio Decidendi

The dispute referred to arbitration arises out of or is connected with the sub-contract, and the arbitration clause applies; alternatively, industry practice and prior dealings indicate the parties intended disputes to be arbitrated. Therefore, the arbitrator has jurisdiction.

Court Disposition

application dismissed

Orders

  • Notice of motion amended to include application for declaration of no binding arbitration clause
  • Order dismissing the application; finding that clause 26 governs the dispute and arbitrator has jurisdiction