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J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd

J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

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

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2012
Subject
Judgements
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2007.1.477
Publisher site
See Article on Publisher Site

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

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2007

There are no references for this article.