Arbitration awards: time limits
Arbitration awards: time limits
- 2001
- Arbitration Law Monthly 1(4) May 2001, 4-5(2) .
Discusses "John Mowlem Construction Plc v SoS Defence" where the court was asked to decide whether a reference to arbitration was valid if it was clear that the dispute could not be resolved within the time period agreed by the parties. The judge dismissed the defendant's arguments on the grounds that there was no indication that the procedural requirements laid down in the contract were intended to limit what was a basic unrestricted arbitration clause, and because of the practical problems and extraordinary results that such an arrangement could have resulted in. It was also ruled that in order to remove the powers of the courts to extend time under the Arbitration Act 1996 s50 and s79 the agreement would need to be clear contract out of the Act, which was not the case with the agreement in question.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996
ARBITRATION ACT 1996 S50
ARBITRATION ACT 1996 S79
ARBITRATION CLAUSES
CONTRACTING OUT
JOHN MOWLEM CONSTRUCTION PLC V SOS DEFENCE
TIME LIMITS
Discusses "John Mowlem Construction Plc v SoS Defence" where the court was asked to decide whether a reference to arbitration was valid if it was clear that the dispute could not be resolved within the time period agreed by the parties. The judge dismissed the defendant's arguments on the grounds that there was no indication that the procedural requirements laid down in the contract were intended to limit what was a basic unrestricted arbitration clause, and because of the practical problems and extraordinary results that such an arrangement could have resulted in. It was also ruled that in order to remove the powers of the courts to extend time under the Arbitration Act 1996 s50 and s79 the agreement would need to be clear contract out of the Act, which was not the case with the agreement in question.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996
ARBITRATION ACT 1996 S50
ARBITRATION ACT 1996 S79
ARBITRATION CLAUSES
CONTRACTING OUT
JOHN MOWLEM CONSTRUCTION PLC V SOS DEFENCE
TIME LIMITS