INDESCON LTD. v. OGDEN

[2005] 1 Lloyd's Rep. 31

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT)

Before His Honour Judge Wilcox, Q.C.

Arbitration - Appointment of arbitrator - Construction contract - Contractor served notice of arbitration in 1992 but no arbitrator agreed or appointed - Contractor served second notice of arbitration in 2000 without prejudice to validity of first notice - Contractor applied for appointment of arbitrator in 2002 - Whether right to apply for appointment of arbitrator under 1992 notice had lapsed by effluxion of time - Whether implied term that application to appoint arbitrator had to be made within a reasonable time of notice to arbitrate - Whether contractor had abandoned 1992 notice - Whether contractor in repudiatory breach of arbitration agreement.