G.K.N. Ltd. v Resources Recovery Bd. [1982] JLR 359 (14 July 1982)

G.K.N. Ltd. v Resources Recovery Bd. [1982] JLR 359 (14 July 1982)

A delay in replying to the nomination of an arbitrator by one party may be treated as a failure to agree if the arbitration agreement does not require express acceptance or rejection, permitting the other party to proceed as provided in the agreement for cases of disagreement.

Citation
[1982] JLR 359
Parties
Applicant: G. K. N. Ltd.; Respondent: Resources Recovery Bd.
Jurisdiction
Jersey
Judgment Date
14 July 1982
Procedural Posture
Arbitration / Appointment of Arbitrator
Outcome
application allowed
Legal Topics
Appointment of Arbitrator, Disagreement Between Parties, Delay in Reply, Failure to Agree
Arbitration Appointment of Arbitrator Disagreement Between Parties Delay in Reply Failure to Agree

Case Brief

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Parties

G. K. N. Ltd.

Applicant

Resources Recovery Bd.

Respondent

Procedural Posture

Arbitration / Appointment of Arbitrator

Legal Issues

  1. 1 Whether delay in replying to nomination of arbitrator constitutes failure to agree under the arbitration agreement

Ratio Decidendi

A delay in replying to the nomination of an arbitrator by one party may be treated as a failure to agree if the arbitration agreement does not require express acceptance or rejection, permitting the other party to proceed as provided in the agreement for cases of disagreement.

Court Disposition

application allowed

Orders

  • Other party may proceed as provided by the agreement in case of disagreement