ANGLIAN WATER SERVICES LTD V LAING O'ROURKE UTILITIES LTD

[2010] EWHC 1529 (TCC), Queen's Bench Division, Technology and Construction Court, Mr Justice Edwards-Stuart, 25 June 2010

Arbitration - Adjudication - Adjudication agreement requiring notice of arbitration within 28 days - Whether clause valid - Whether time for service of notice should be extended - Housing, Grants, Construction and Regeneration Act 1996, section 108 - Arbitration Act 1996, section 12

The construction agreement between the parties rendered adjudication a precondition to arbitration, and required notice of arbitration to be served within 28 days at the last address notified by the respondent. Following an adjudication in the course of which the respondent's solicitors were authorised to receive service, timely notice of arbitration was served on the respondent's solicitors and was acknowledged by them. The notice was passed to the respondent within the 28 day period. Thereafter the respondent asserted that the notice had not been served in time. The claimant asserted that the notice was served in time and, if not, that time should be extended. The court ruled as follows: