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07 February 2014
Issue: 7593 / Categories: Case law , Law digest , In Court
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Arbitration

Wales & West Utilities Ltd v PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC), [2014] All ER (D) 215 (Jan)

It was settled law that the courts had sought to discourage losing parties in adjudications from “scrabbling around to find some argument, however tenuous”. However, the courts had to objectively consider and analyse all arguments about jurisdiction to see if they fell into the “tenuous” category; if they did, the court’s sanction would then be invariably by way of costs order, possibly by way of indemnity costs the more tenuous the argument had been. When the jurisdiction of a person appointed to make a decision under a contract, such as an adjudicator, was called into question, it was always necessary to ascertain with precision what the decision-maker was authorised to do. A vital and necessary question, when a jurisdictional challenge was mounted, was to ask what had actually been referred. That required a careful characterisation of the dispute. To determine the scope and ambit of any given dispute, the court needed to analyse the relevant exchanges between the

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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