Case in focus: Surrey County Council vs Suez Recycling and Recovery Surrey Ltd

By Ted Lowery2021-12-01T05:00:00

Ted Lowery looks at a case that examined conflicting dispute mechanisms in a PFI contract

The case

Surrey County Council vs Suez Recycling and Recovery Surrey Ltd [2021] EWHC 2015 (TCC)
Before Mr Alexander Nissen QC
Technology and Construction Court
Judgment delivered 16 July 2021

The facts

Under a PFI contract dated 22 June 1999 Surrey engaged Suez to manage its domestic waste disposal obligations including the design, construction and operation for 25 years of two energy-from-waste facilities. The project agreement schedules established expert procedures for certain types of discrete dispute including accounting and planning issues, but otherwise provided for arbitration. Clause 63 stated that the parties submitted to the exclusive jurisdiction of the courts of England and Wales.

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