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High Court grants order determining that the appointment of an arbitrator had been invalid, on the grounds that: (a) the matters referred to arbitration had not previously been referred to conciliation, as required by the contract; and (b) the respondent had failed to act expeditiously in that it allowed four-and-a-half years to pass between notice of dispute and a request for the appointment of an arbitrator.
Arbitration - whether appointment of arbitrator was valid - whether arbitrator had jurisdiction - 2008 - construction agreement - 2011, notice of intention to issue final certificate - notice of dispute in March 2011 - arbitrator not appointed until 2017 - arbitrator appointed by President of Royal Institute of Architects in Ireland (RIAI) - preliminary ruling by arbitrator that he had been validly appointed - failure of applicant to refer matter to conciliation - Article 6 of the Arbitration Act 2010 - Articles 11 and 16 of the UNCITRAL Model Law - relevant construction contract - matter in dispute varied after initial notice - power of arbitrator to rule on his own jurisdiction - clear provision that matters should be referred to conciliation prior to any reference to arbitration.
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