Ahmed Al-Naimi (trading as Buildmaster Construction Services) v Islamic Press Agency Incorporated
Ahmed Al-Naimi (trading as Buildmaster Construction Services) v Islamic Press Agency Incorporated
- 2000
- Arbitration and Dispute Resolution Law Journal [2000] ADRLJ 324-331(8) .
CA 28 January 2000. A appealed against a stay of court proceedings under the Arbitration Act 1996 s9, which was granted on the grounds that there were 'genuine disputes' concerning the construction of a contract in the standard JCT agreement for minor building works 1980 edition signed in July 1996, on the grounds that the judge had refused to decide if the action was covered by the arbitration agreement relied upon by I. A claimed that work not originally envisaged by the contract was not covered by the contract and was not the subject of an arbitration clause. The CA ruled that it was overwhelmingly clear that there was only the one contract and that this had been extended to cover the additional work. "Held": appeal dismissed; but with the indication that the issue left open by the judge had been decided by the CA in favour of the respondent.
AHMED AL-NAIMI (TRADING AS BUILDMASTER CONSTRUCTION SERVICES) V ISLAMIC PRESS AGENCY INTERNATIONAL
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S9
Contracts
DISPUTE RESOLUTION
JCT AGREEMENT FOR MINOR BUILDING WORKS 1980
MW80
STAY OF PROCEEDINGS
CA 28 January 2000. A appealed against a stay of court proceedings under the Arbitration Act 1996 s9, which was granted on the grounds that there were 'genuine disputes' concerning the construction of a contract in the standard JCT agreement for minor building works 1980 edition signed in July 1996, on the grounds that the judge had refused to decide if the action was covered by the arbitration agreement relied upon by I. A claimed that work not originally envisaged by the contract was not covered by the contract and was not the subject of an arbitration clause. The CA ruled that it was overwhelmingly clear that there was only the one contract and that this had been extended to cover the additional work. "Held": appeal dismissed; but with the indication that the issue left open by the judge had been decided by the CA in favour of the respondent.
AHMED AL-NAIMI (TRADING AS BUILDMASTER CONSTRUCTION SERVICES) V ISLAMIC PRESS AGENCY INTERNATIONAL
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S9
Contracts
DISPUTE RESOLUTION
JCT AGREEMENT FOR MINOR BUILDING WORKS 1980
MW80
STAY OF PROCEEDINGS