Taylor Woodrow Construction v RMD Kwikform Ltd

Citation: BLR 383 TCC, [2008] 2 Lloyd's Rep 345, [2008] 1 CLC 793, [2009] 1 All ER (Comm) 770, 118 Con LR 57, [2008] EWHC 825 (TCC) and[2009] Bus LR 292

Nature of case:
Following collapse of scaffolding provided by the defendant, the claimant’s solicitors sent a letter noting the contract contained provision for arbitration and asking whether the defendant would rely on that or would agree to participate in litigation.  The claimant then obtained unilateral appointment of an arbitrator by the President of the Chartered Institute of Arbitrators.  The court accepted the defendant’s contention that there had been no valid reference and so no commencement of the arbitration.  The arbitrator was thus not validly appointed.  The claimant’s letter had not been objectively clear and was thus not sufficient to commence proceedings.

Link to Judgment

 

Counsel

David Thomas QC

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