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PT Building Services Limited v ROK Build Limited [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2008] EWHC 3434 (TCC), 08 December 2008. The case considers whether a party is irrevocably bound by his choice. ROK Build Limited (R) engaged PT Building Services Limited (P) to carry out works for it. They had a dispute over their contract brought to adjudication. P sought enforcement of an adjudicator's decision. R resisted enforcement of this decision on the grounds that the adjudicator had no jurisdiction. P issued a notice of second adjudication. R objected that the second adjudicator had no jurisdiction because the grounds of dispute had already been dealt with by the first adjudication. The second adjudicator resigned. P argued that this argument meant that R was accepting the decision of the first adjudicator as valid and binding. "Held": The judge decided that by using the first decision to persuade the second adjudicator to resign, R was accepting his decision as valid and binding. R could not now resist this first decision in enforcement proceedings.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 147203-2001

[2008] EWHC 3434 (TCC), 08 December 2008. The case considers whether a party is irrevocably bound by his choice. ROK Build Limited (R) engaged PT Building Services Limited (P) to carry out works for it. They had a dispute over their contract brought to adjudication. P sought enforcement of an adjudicator's decision. R resisted enforcement of this decision on the grounds that the adjudicator had no jurisdiction. P issued a notice of second adjudication. R objected that the second adjudicator had no jurisdiction because the grounds of dispute had already been dealt with by the first adjudication. The second adjudicator resigned. P argued that this argument meant that R was accepting the decision of the first adjudicator as valid and binding. "Held": The judge decided that by using the first decision to persuade the second adjudicator to resign, R was accepting his decision as valid and binding. R could not now resist this first decision in enforcement proceedings.