Birse Construction Ltd. v St. David Ltd (No. 1)
Citation: 1999 BLR 194 (TCC)
Nature of case:
Birse, the contractor, was engaged by St. David, the developer, to carry out work on luxury apartments in the Cardiff Bay development. The parties had agreed to proceed with the project on a partnering basis. The JCT form of contract discussed by the parties was never signed. In these circumstances, the court had to decide whether there was an arbitration agreement which bound the parties. The court held that it had discretion to decide questions relating to the existence of an arbitration agreement. The parties would be held to have entered into a binding contract and that would incorporate the JCT standard form, despite its not having been signed.
