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England: High Court of Justice, Queen’s Bench Division, (2014) EWHC 3193 (TCC), Decision of 10 October 2014, Peterborough City Council v. Enterprise Managed Services Ltd, Edwards-Stuart J. (excerpts)

England: High Court of Justice, Queen’s Bench Division, (2014) EWHC 3193 (TCC), Decision of 10... England: High Court of Justice, Queen's Bench Division, [2014] EWHC 3193 (TCC), Decision of 10 October 2014, Peterborough City Council v. Enterprise Managed Services Ltd, Edwards-Stuart J. (excerpts)1 Request for a stay of court proceedings ­ FIDIC contract ­ Art. 20 ­ Multi-tier dispute resolution provision ­ DAB proceedings are a prerequisite for litigation Introduction 1. This is an application by the Defendant ("EMS") for an order to stay the action brought in this court by the Claimant ("the Council") in respect of a dispute arising out of the contract dated 7 July 2011 made between the Council and EMS by which EMS agreed to design, supply, install, test and commission a 1.5 MW solar energy plant on the roof of a building owned by the Council. [...] 3. The application is made on the ground that the contract requires any dispute to be referred to adjudication by a Dispute Adjudication Board ("DAB"), in this case consisting of a sole adjudicator, as a precondition of any action in the courts. The principal issue on this application is whether or not the contract does in fact require this. If it does, then the question arises as to whether or http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

England: High Court of Justice, Queen’s Bench Division, (2014) EWHC 3193 (TCC), Decision of 10 October 2014, Peterborough City Council v. Enterprise Managed Services Ltd, Edwards-Stuart J. (excerpts)

ASA Bulletin , Volume 32 (4) – Dec 1, 2014
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Kluwer Law International
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Copyright © Kluwer Law International
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1010-9153
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Abstract

England: High Court of Justice, Queen's Bench Division, [2014] EWHC 3193 (TCC), Decision of 10 October 2014, Peterborough City Council v. Enterprise Managed Services Ltd, Edwards-Stuart J. (excerpts)1 Request for a stay of court proceedings ­ FIDIC contract ­ Art. 20 ­ Multi-tier dispute resolution provision ­ DAB proceedings are a prerequisite for litigation Introduction 1. This is an application by the Defendant ("EMS") for an order to stay the action brought in this court by the Claimant ("the Council") in respect of a dispute arising out of the contract dated 7 July 2011 made between the Council and EMS by which EMS agreed to design, supply, install, test and commission a 1.5 MW solar energy plant on the roof of a building owned by the Council. [...] 3. The application is made on the ground that the contract requires any dispute to be referred to adjudication by a Dispute Adjudication Board ("DAB"), in this case consisting of a sole adjudicator, as a precondition of any action in the courts. The principal issue on this application is whether or not the contract does in fact require this. If it does, then the question arises as to whether or

Journal

ASA Bulletin – Kluwer Law International

Published: Dec 1, 2014

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