Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses application for order referring the parties to arbitration, on the grounds that: (a) the defendant had failed to establish that the arbitration provisions in the contract were still operative in respect of the disputes the subject of the proceedings where there had been an expert determination procedure in respect of the same disputes; and (b) if the burden of proof was instead on the plaintiff to prove that the provisions were inoperative, then this had been established.
Application by defendant for order referring parties to arbitration - Article 8(1) of the UNCITRAL Model Law - public works contract between parties entered in 2015 - construction works for community college - dispute resolution clauses included in contract - both conciliation and arbitration provisions - various disputes between the parties - agreement to submit to expert determination in 2016 - attempt by defendant to withdraw from expert determination process - separate agreement by parties to sign a conciliation agreement where conciliation agreement was being agreed in respect of disputes between the parties no the subject of the proceedings - plaintiff brought these proceedings seeking summary judgment - whether extant operative arbitration agreement - whether previous expert determination procedure supplanted only conciliation provisions in the contract or also arbitration provisions.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now