C appealed against dismissal of its application under section 67 of the Arbitration Act 1996 to set aside an award by an engineer appointed under the ICE Conditions of Contract for want of jurisdiction. C claimed that no dispute had arisen and that the engineer had given it no opportunity to make submissions. Appeal dismissed: “dispute or difference” was to be interpreted inclusively and that, in the circumstances, including the imminent expiry of the limitation period, a dispute had arisen. ...
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C appealed against refusal to grant a declaration that, due to D’s delay in giving notice of intention to refer a dispute to adjudication, the notice was an abuse of process. Appeal dismissed: concept of abuse of process was not extended under the Housing Grants, Construction and Regeneration Act 1996 to give an adjudicator the power to strike out or stay an adjudication for abuse of process. There was no time limit for reference to adjudication in the 1996 Act, therefore D’s notice should not ...
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