David Wilson Homes Ltd V Survey Services Ltd (now in liquidation) and David Jonathan Marshall
David Wilson Homes Ltd V Survey Services Ltd (now in liquidation) and David Jonathan Marshall
- 2001
- Construction Industry Law Letter [2001] CILL 1726-1727(2) .
CA 18 January 2001. The appellants sought to overturn a ruling that a clause in an insurance policy, which stated that any dispute should be referred to a QC to be mutually agreed between the parties or appointed by the Chairman of the Bar Council in the event of a dispute, did not constitute an arbitration agreement under the Arbitration Act 1996 s6. "Held": The appeal was allowed on the grounds that the clause was intended that there should be an inquiry that would be judicial and that would obtain a binding result as in "Carus-Wilson v Green".
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S6
ARBITRATION CLAUSES
CARUS-WILSON V GREEN
DAVID WILSON HOMES LIMITED V SURVEY SERVICES LTD (NOW IN LIQUIDATION) AND MARSHALL
CA 18 January 2001. The appellants sought to overturn a ruling that a clause in an insurance policy, which stated that any dispute should be referred to a QC to be mutually agreed between the parties or appointed by the Chairman of the Bar Council in the event of a dispute, did not constitute an arbitration agreement under the Arbitration Act 1996 s6. "Held": The appeal was allowed on the grounds that the clause was intended that there should be an inquiry that would be judicial and that would obtain a binding result as in "Carus-Wilson v Green".
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S6
ARBITRATION CLAUSES
CARUS-WILSON V GREEN
DAVID WILSON HOMES LIMITED V SURVEY SERVICES LTD (NOW IN LIQUIDATION) AND MARSHALL