Peterborough City Council v Enterprise Managed Services Ltd

Contract – Construction. The proceedings concerned an application for a stay, arising out of proceedings brought by the authority, which the defendant contended breached a term of the contract, made on the FIDIC General Conditions of Contract for EPC/Turnkey Projects issued by FIDIC in 1999, which provided that disputes would be adjudicated by a dispute adjudication board. The Technology and Construction Court, in granting a stay, held that the contract required that the determination of the present dispute was to be by way of adjudication and amicable settlement and, only failing that, by litigation.

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