000 01704cab a2200253 4500
001 ABS58817
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u87143
041 _aeng
245 _aBeaufort Developments (NI) Ltd v Gilbert-Ash NI Ltd
260 _c1998
350 _a0
490 _aWeekly Law Reports
_v(1998) 2 WLR 860-883(24)
520 _aHL 2 May 1998. The employers (X) entered into a contract with the contractors (Y) using JCT 1980. Following disputes over the progress of the work Y commenced proceedings claiming payment for work in repsect of architect`s interim certificates. X denied liability and alleged that they were entitled to set off an amount in excess of that claimed by Y. Y served a notice to appoint an arbitrator. X issued a writ against Y and the architects claiming damage for negligence and breach of contract. The judge and CA in Northern Ireland dismissed appeals by X on the grounds that the court did not have the power conferred upon an arbitrator by the arbitration clause to open up, review and revise cerificates by the architect. The HL allowed an appeal by X as the court did not have the power conferred upon an arbitrator by the arbitration clause to oepn up and revise certificates by the archtiect. The HL allowed an appeal by X as they did not need to spell out the arbitrators powers.
650 _aARBITRATION CLAUSES
650 _aARBITRATORS' POWERS
650 _aBEAUFORT DEVELOPMENTS (NI) LTD V GILBERT-ASH NI LTD
650 _aINTERIM CERTIFICATES
650 _aJCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)
650 _aSET OFF
690 _aARBITRATION-CASE LAW
942 _n0
948 _c02/07/1998
999 _c54930
_d54930