The meaning of ‘dispute’

The meaning of the term ‘dispute’ for the purposes of an arbitration clause has been the subject of a number of recent decisions. Perhaps the most important is that of the Court of Appeal in AMEC Civil Engineering Ltd v Secretary of State for Transport [2005] EWCA Civ 291, the Court there approving a series of propositions laid down at first instance by Jackson J providing guidance as to when a dispute existed where there was an exchange of correspondence between the parties. In Midland Expressway Ltd v Carillion Construction Ltd [2006] EWHC 1505 (TCC) Jackson J applied these principles to a complex factual situation concerning a major construction project and concluded that there was no dispute capable of being referred to adjudication in respect of a set of costs for which no proper claim had ever been made.