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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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