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ARTICLE · 25 JULY 2019

What Is The Correct Forum For Enforcement Proceedings?

Shepherd and Wedderburn
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Babcock engaged HSB to carry out ship lift docking cradle re-preservation works at Her Majesty's Naval Base Clyde. The contract was based on the NEC 3 Engineering and Construction Short Contract (June 2005).

United KingdomLitigation, Mediation & Arbitration
Iain Drummond
Iain Drummond
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In Babcock Marine (Clyde) Limited ("Babcock") v HS Barrier Coatings Limited ("HSB"), reported in June 2019, the Technology and Construction Court (TCC) considered whether the English Courts had jurisdiction in a Scottish case concerning adjudication enforcement.

Facts

Babcock engaged HSB to carry out ship lift docking cradle re-preservation works at Her Majesty's Naval Base Clyde. The contract was based on the NEC 3 Engineering and Construction Short Contract (June 2005). It was subject to Scots law and contained an arbitration clause based on the Scottish arbitration statute.

However, the contract did not include a choice of court clause. By later agreement between the parties ("the Variation Agreement"), the parties agreed to revise the contract in certain respects. This agreement contained a choice of court clause, being the courts of Scotland.

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