Dunnes Stores -v- McCann & ors [2016] IEHC 344 (02 June 2016)

Dunnes Stores -v- McCann & ors [2016] IEHC 344 (02 June 2016)

The expert's mandate under the agreements is limited to determining whether Point Square has been completed in accordance with the development agreement, a factual issue. The parties did not expressly confer upon the expert the jurisdiction to resolve substantive disputes of contract interpretation. Where such disagreement arises, it is a matter of law for the court. Therefore, the application to stay proceedings pending expert determination is refused.

Citation
[2016] IEHC 344
Parties
Plaintiff: Dunnes Stores; First Named Defendant: Paul McCann; Second Named Defendant: Stephen Tennant; Third Named Defendant: Point Village Developments Ltd.
Jurisdiction
Ireland
Judgment Date
02 June 2016
Procedural Posture
Commercial Dispute / Interlocutory Application to Stay Proceedings
Outcome
Application refused
Legal Topics
Expert Determination Clauses, Interpretation of Contracts, Alternative Dispute Resolution, Jurisdiction of Experts
Contract Law Commercial Law Expert Determination Clauses Interpretation of Contracts Alternative Dispute Resolution Jurisdiction of Experts

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Parties

Dunnes Stores

Plaintiff

Paul McCann

First Named Defendant

Stephen Tennant

Second Named Defendant

Point Village Developments Ltd.

Third Named Defendant

Procedural Posture

Commercial Dispute / Interlocutory Application to Stay Proceedings

Legal Issues

  1. 1 Whether the dispute regarding the interpretation of clause 7.7.2 of the development agreement should be determined by an expert or by the court
  2. 2 Scope of the expert's mandate under the development and settlement agreements
  3. 3 Jurisdiction of the court versus expert in contract interpretation

Ratio Decidendi

The expert's mandate under the agreements is limited to determining whether Point Square has been completed in accordance with the development agreement, a factual issue. The parties did not expressly confer upon the expert the jurisdiction to resolve substantive disputes of contract interpretation. Where such disagreement arises, it is a matter of law for the court. Therefore, the application to stay proceedings pending expert determination is refused.

Court Disposition

Application refused