Abstract

11 October 2004 Jackson, J Technology and Construction Court [2004] EWHC 2339 [2004] ArbLR 2 Arbitration award--Challenge--Jurisdiction--Reference to arbitration-- Preconditions--Validity of Engineer's decision--Existence of `dispute'-- Short time limit imposed to consider claim--Whether `dispute' arising for reference to Engineer (yes)--Whether Engineer subject to rules of natural justice (no)--Whether Engineer's decision invalidated by conflict of interest (no)--Whether arbitrator's jurisdiction limited to defects identified by Engineer (no)--Whether arbitrator has jurisdiction over all matters referred to Engineer (yes)--Arbitration Act 1996, s 67 Engineer's decision valid precondition to arbitration despite conflict of interest and failure to apply rules of natural justice The Secretary of State entered into a contract with Amec Civil Engineering Ltd for renovation works at Thelwall Viaduct. The contract was on the ICE conditions (5th edn). The works were substantially completed in 1996. Defects came to light in 2002. The Highways Agency referred the matter to the Engineer under the contract, but also made a parallel claim against the Engineer. Amec's correspondence was not made available to the Engineer, nor was Amec afforded an opportunity to make submissions. The decision was requested urgently and the Engineer drafted it before receiving the formal request which was not copied to Amec. The