Van Oord ACZ Limited And Harbour & General Works Limited Joint Venture -v- The Port Of Mostyn Limited

POM engaged the JV to carry out a marine works contract. Disputes arose between the parties and the matter was referred to adjudication pursuant to the Contract. The Adjudicator made an award in the JV’s favour and POM purported to refer the matter to arbitration. The JV sought declarations that the Adjudicator’s decision could not be challenged because of invalid service of notice to refer to arbitration. On the facts the Court dismissed the JV’s claim and decided that the notice had been validly served.