MPB v LGK

[2020] EWHC 90 (TCC) Technology and Construction Court, Veronique Buehrlen QC sitting as a Deputy Judge of the High Court, 23 January 2020

Arbitration – Incorporation of terms – Significance of deleted terms – Approbation and reprobation

The claimant, MPB, applied to set aside an arbitral award pursuant to section 67 of the Arbitration Act 1996 on the ground that there was no arbitration agreement in existence between the parties with the consequence that the arbitrator had no substantive jurisdiction over the dispute. The principal issue before the court was whether the contract between the parties incorporated clause 11 of the terms and conditions of the defendant, LGK. Clause 11 made provision for the resolution of disputes by adjudication followed by arbitration under the Construction Industry Model Arbitration Rules.