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Hackwood Ltd v Areen Design Services Ltd

Language: English Publication details: 2005Subject(s): Online resources: Summary: [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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 131661-2001

[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.