The existence of a dispute

An issue which appears to be arising with increasing frequency in both arbitrations and adjudications is whether there is actually a dispute between the parties. The point goes to jurisdiction, because if at the time of the appointment of the arbitrator or adjudicator there is nothing disputed, then there is nothing to which the hearing can relate. The point typically arises where sums are allegedly owing under a contract, but it is not clear whether there has been a demand for payment and whether that demand has been refused. Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd [2007] EWHC 2421 (TCC), a decision of Mr Justice Akenhead, is the latest in a line of such cases.