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.| 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.