PRICE V CARTER

[2010] EWHC 1451 (TCC), Queen's Bench Division, Technology and Construction Court, Mr Justice Edwards-Stuart, 18 June 2010

Arbitration - Jurisdiction - Whether parties had agreed to adjudicate before arbitration - Service of arbitration notice - Serious irregularity - Effect of appointment of expert by arbitrator - Application for permission to extend time for appeal - Running of time where there is an application to the arbitrators under the slip rule - Arbitration Act 1996, sections 38, 57, 67, 68, 70, 80 and 82

In November 2007 Mr and Mrs Price employed Mr Carter to demolish and rebuild a property in St Austell, Cornwall. The contract contained the following dispute resolution provisions: "Article 6: Adjudication If any dispute or difference arises under this Contract either Party may refer it to adjudication in accordance with clause 7.2; Article 7: Arbitration Where Article 7 applies, then, subject to Article 6 and the exceptions set out below, any dispute or difference between the Parties of any kind whatsoever arising out of or in connection with this Contract ... shall be referred to arbitration in accordance with Schedule 1 and the JCT 2005 edition of the Construction Industry model Arbitration Rules (CIMAR)." Disputes arose and Mr Carter served notice of arbitration asking the Prices to agree to an arbitrator. The arbitrator found in favour of Mr Carter. The Prices appealed on jurisdictional and procedural grounds under sections 67 and 68 of the Arbitration Act 1996. The court ruled as follows: