BP Chemicals Ltd v Kingdom Engineering (Fife) Ltd
BP Chemicals Ltd v Kingdom Engineering (Fife) Ltd
- 1994
- Construction Industry Law Letter 1994 CILL 905-906(2) .
12 January 1994. Concerned with arbitral award on interest made on undercertification by a certificate under ICE Conditions of Contract 5th ed (1979). Raised questions of whether the arbitrator had erred in law in deciding when the cause of action accrued and secondly whether Arbitration Act 1950 s19A allowed interest to be awarded during a period before accrual on cause of action. Held that the only sum due was the actual amount certified and that interest was not awardable under s19A unless there had been wrongful withholding.
ARBITRATION ACT 1950 S19A
ICE CONDITIONS OF CONTRACT (FIFTH EDITION)
INTEREST
12 January 1994. Concerned with arbitral award on interest made on undercertification by a certificate under ICE Conditions of Contract 5th ed (1979). Raised questions of whether the arbitrator had erred in law in deciding when the cause of action accrued and secondly whether Arbitration Act 1950 s19A allowed interest to be awarded during a period before accrual on cause of action. Held that the only sum due was the actual amount certified and that interest was not awardable under s19A unless there had been wrongful withholding.
ARBITRATION ACT 1950 S19A
ICE CONDITIONS OF CONTRACT (FIFTH EDITION)
INTEREST