“In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined: ‘the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [ie the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute’ …” (more)
[Michael McParland QC, 39 Essex Chambers, 24 February]
First posted 2021-02-25 18:15:57
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