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United Kingdom serious irregularitycompensation eventinterpretation

Atkins v Sec of State for Transport

[2013] EWHC 139 (TCC)
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Queen's Bench Division, Technology and Construction Court)
Year2013
StatusBinding authority

Key Principle

On a challenge to an arbitral award under the Arbitration Act 1996, a 'compensation event' threshold in a standard-form (NEC3-type) maintenance contract requiring an event with only a 'small chance' of occurring must be applied to each individual defect, not to an aggregated cluster of defects, and a failure-to-deal-with-an-issue challenge under s.68 will not succeed where the arbitrator did in fact address the issue.

Area of Law

General

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