J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd
Abstract
14 May 2007 Jackson J Technology and Construction Court [2007] EWHC 1262 [2007] ArbLR 35 Arbitration proceedings--Parallel proceedings--Anti-arbitration injunction-- Arbitration commenced and litigation threatened by another party concerning the same subject--No litigation actually commenced--Whether court has jurisdiction to issue anti-arbitration injunction (yes)--Whether delay in bringing application (yes)--Whether to grant injunction (no)--Supreme Court Act 1981, s 37 Arbitration award--Challenge--Serious irregularity--Fairness--Arbitrator issuing interim award refusing to adjourn hearing or issues of quantum-- Whether refusal to adopt procedures suitable to circumstances of the case (no)-- Whether refusal to adjourn a serious irregularity (no)--Arbitration Act 1996, ss 33(1)(b) and 68(2)(a) Arbitration award--Appeal--Question of law--Arbitrator issuing interim award refusing to stay arbitral proceedings--Whether error of law (no)-- Whether reasons for arbitrator's refusal questions of law (no)--Arbitration Act 1996, s 69 Arbitrator's decision to leave substantive issues to be determined at hearing rather than in interim application, not serious irregularity or error of law Blue Circle and Jarvis concluded a JCT standard form contract for the design and construction by Jarvis of a warehouse. Pursuant to this contract Jarvis was required to execute deeds of warranty in favour of any future occupier or purchasers. Jarvis engaged Bullivant as subcontractor to design and construct piled