Arbitration cannot be deferred
Arbitration cannot be deferred
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- Times 11 August 2000, 26(1) .
"Lafarge Redland Aggregates Ltd v Shephard Hill Civil Engineering Ltd" HL 11 August 2000. Held that where a contractor excercised the right under the FCEC Standard Form of SubContract (Sept 1984) edition for a subcontract dispute to be dealt with jointly with a related dispute the contractor had with the employers under the main contract under the arbitration procedure set out in that contract, the contractor could not then defer that procedure whilst he tried to reach a settlement with the employer but had to invoke it within a reasonable time failing which the subcontractor was entitled to appoint an arbitrator under clause 18(1) of the subcontract to deal solely with the subcontract dispute. (For copies see http://www.the-times.co.uk).(Full judgment available on http://www/parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htm)
LAFARGE REDLAND AGGREGATES LTD V SHEPHARD HILL CIVIL ENGINEERING LTD
FCEC STANDARD FORM OF SUBCONTRACT CL18(2)
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CONSTRUCTION DISPUTES
"Lafarge Redland Aggregates Ltd v Shephard Hill Civil Engineering Ltd" HL 11 August 2000. Held that where a contractor excercised the right under the FCEC Standard Form of SubContract (Sept 1984) edition for a subcontract dispute to be dealt with jointly with a related dispute the contractor had with the employers under the main contract under the arbitration procedure set out in that contract, the contractor could not then defer that procedure whilst he tried to reach a settlement with the employer but had to invoke it within a reasonable time failing which the subcontractor was entitled to appoint an arbitrator under clause 18(1) of the subcontract to deal solely with the subcontract dispute. (For copies see http://www.the-times.co.uk).(Full judgment available on http://www/parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htm)
LAFARGE REDLAND AGGREGATES LTD V SHEPHARD HILL CIVIL ENGINEERING LTD
FCEC STANDARD FORM OF SUBCONTRACT CL18(2)
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CONSTRUCTION DISPUTES