Commercial Disputes Weekly – Issue 9119 October 2021

Arbitration
Emphasising the consensual nature of mediation, the Commercial Court has held that where an agreement required parties to mediate disputes before commencing arbitration, a failure to comply with that obligation involved an issue of admissibility before the tribunal rather than one of jurisdiction, and therefore did not fall within the scope of section 67 of the Arbitration Act 1996.
NWA & Anr v NVF & Ors

Construction
In obiter comments the Court of Appeal has expressed the view that where a company in liquidation has an adjudication decision on its final account claim in its favour, but is also facing a continuing set off and counterclaim, it is only once the net balance has been ascertained that summary judgment should be entered.
John Doyle Construction Limited (in liquidation) v Erith Contractors Limited

Disclosure
The Commercial Court has ordered a defendant to disclose documents held by a third party agent, explaining that while the third party did not have power to enter into a contract on the defendant’s behalf, it was entitled to negotiate on the defendant’s behalf, and thus the defendant had a legal right to access the documents created in the course of the agency relationship.
Quartz Assets LLC & Anr v Kestrel Coal Midco Pty Ltd

Expert evidence
Confirming that there is no rule that an uncontroverted expert’s report which complies with procedural rules must be accepted, the Court of Appeal has reinstated a decision to dismiss a personal injury claim on the basis that the medical evidence in support of the claim was inadequate.
Griffiths v TUI (UK) Limited

Should you wish to discuss any of these cases in further detail, please speak with a member of our London dispute resolution team below, or your regular contact at Watson Farley & Williams: