Balfour Kilpatrick Limited -v- Glauser International SA
8 July 2000
 

 

The contract between the parties incorporated the TeCSA Rules (Version 1.3), which, at rule 3, adopts the singular word "dispute".

 

They also argued that the number and complexity of the disputes made it unsuitable for adjudication, and given the short time scale the process was unfair and in breach of the rules of natural justice.

 

Judge Gilliland held that: · as Rule 11 stated that the dispute related to the "matters identified in the notice", and therefore anticipated a range of matters within a single adjudication reference, "dispute" under the TeCSA Rules was not confined to a single dispute; · neither the number nor complexity of the matters made them unsuitable for adjudication; · there was no breach of natural justice.