Indescon Ltd v Ogden
Abstract
20 August 2004 HH Judge Wilcox Queen's Bench Division [2004] EWHC 2326 [2004] ArbLR 31 Arbitrator--Appointment--Delay--Claimant issuing notice of arbitration in 1992, but seeking to appoint an arbitrator in 2002--Whether notice of arbitration lapsed (no)--Whether implied term to appoint within reasonable time (no)--Whether Claimant in repudiatory breach of arbitration agreement (no)--Arbitration Act 1950 and 1979 Arbitrator--Appointment--Appointing authority--Claimant issuing notice of arbitration in 1992 and second notice in 2002--Claimant applying to wrong appointing authority--Whether repudiatory breach of arbitration agreement (no)--Whether second notice subsequently abandoned (no)--Whether appointment by correct appointing authority valid (yes)--Arbitration Act 1996 No implied term to appoint arbitrator within reasonable time after notice of arbitration Indescon, a building company, and Sir Robert Ogden, a property developer, concluded a contract, in 1989, on a JCT standard form with Contractor's Design (1981 Edition). Indescon agreed to construct a new nine-storey office block in London. Practical completion took place in 1990. Indescon submitted a final account in early 1991 and a revised final account later in the same year for an amount of £24,565,723.67. The parties failed to agree on the final account and Indescon served a notice of arbitration in 1992. Indescon became the subject of an administration order