INDESCON LIMITED v OGDEN

[2005] BLR 152

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT)

Before His Honour Judge Wilcox

Arbitration - Delay - Delay in appointing arbitrator after service of arbitration notice - Whether right to apply for appointment had lapsed through effluxion of time - Whether implied term that such right should be used within reasonable period of time - Whether abandonment of notice - Whether repudiatory breach of arbitration agreement - Effect of service of second notice and appointment thereunder - Defendant’s responsibility for delay.