Hackwood Ltd v Areen Design Services Ltd
Hackwood Ltd v Areen Design Services Ltd
- 2005
[2005] EWHC 2322 (TCC), 31 October 2005. Considers whether the provisions of a JCT contract could apply to a letter of intent. H applied under the Arbitration Act 1996 s72 for declarations that it was not party to any arbitration agreement with A and that any arbitration proceedings commenced by R were a nullity. R cross-applied for a declaration that H, having applied under s72,was debarred from participating in the arbitration proceedings. A carried out refurbishment work on the basis of a letter of intent from H, which stated that the parties had the intention to execute a formal JCT contract. The JCT contract was never executed. A applied later for an arbitration but H contended that this was invalid as arbitration is only provided for in a JCT contract. "Held": applications refused. The letter of intent had created an interim contract and both parties intended that the provision within a JCT contract should apply. H was party to an arbitration agreement and could participate in the arbitration proceedings.
HACKWOOD LTD V AREEN DESIGN SERVICES LTD
ARBITRATION ACT 1996 S72
[2005] EWHC 2322 (TCC), 31 October 2005. Considers whether the provisions of a JCT contract could apply to a letter of intent. H applied under the Arbitration Act 1996 s72 for declarations that it was not party to any arbitration agreement with A and that any arbitration proceedings commenced by R were a nullity. R cross-applied for a declaration that H, having applied under s72,was debarred from participating in the arbitration proceedings. A carried out refurbishment work on the basis of a letter of intent from H, which stated that the parties had the intention to execute a formal JCT contract. The JCT contract was never executed. A applied later for an arbitration but H contended that this was invalid as arbitration is only provided for in a JCT contract. "Held": applications refused. The letter of intent had created an interim contract and both parties intended that the provision within a JCT contract should apply. H was party to an arbitration agreement and could participate in the arbitration proceedings.
HACKWOOD LTD V AREEN DESIGN SERVICES LTD
ARBITRATION ACT 1996 S72