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CHAPTER 24 PARTIES

Arbitration Practice and Procedure

Page 1153 24 PARTIES 24.1.1 Receiver of claimant company assigns to a third party right to arbitrate a dispute. THE FACTS In an arbitration under the 1963 JCT Standard Form of Building Contract, cl.17 of which prohibited assignment without the written consent of the employer, the contractor completed the work in June 1986 and subsequently went into receivership in February 1988. In March 1988 a limited company purported to buy from the receiver the right to pursue claims against the employer in arbitration. On 28 March 1989 the purchasing company gave notice of its intention to pursue the arbitration in its own name or jointly with the name of the contractor.

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