Does the TCC have jurisdication to decide a dispute as to the existence or terms of a contract if that decision will determine whether or not a party has the right to adjudicate but there is presently no reference to adjudication - especially if it is asked to make that decision at the end of the pre-action protocol period?
ADR, litigation and arbitration
Click to download PDF3 October 2008 - Mylcrist Buildings Ltd v Mrs G Buck
Had the arbitrator been properly appointed and was the arbitration clause an unfair term under the Unfair Terms & Consumer Contracts Regulations 1999?
1 August 2008 - Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd
Could arbitration proceedings be restrained in favour of adjudication?
18 July 2008 - Ardentia Ltd v British Telecommunications Plc
Dispute escalation clauses: had the parties followed their own dispute resolution procedure?
11 July 2008 - Owen Pell Ltd v Bindi (London) Ltd
Was the expert determination open to challenge?
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