Courts / Dublin / Report

Dispute over deal to supply ventilators must go to arbitration

Summary

In a High Court ruling on 26 June 2020, Mr Justice David Barniville ordered that a dispute between the Health Services Executive (HSE) and Narooma Ltd over a €7.4 million contract for 350 medical ventilators be referred to arbitration. Narooma, a Dublin‑based company, sued the HSE for failing to honour the contract, which was entered into in late March 2020 and required the ventilators to be shipped from China between April and May with payment by 30 March. The HSE declined to purchase the equipment, citing concerns about Narooma's status as an authorised agent and conducting due diligence. Narooma sought injunctions and later damages, alleging the HSE had damaged its reputation and economic interests. The HSE denied wrongdoing. The court found the arbitration clause in the contract valid, rejected Narooma's claim that it was meaningless, and noted that a proposed defamation action did not affect the arbitration decision. The case was adjourned to July.

Who, what, where, when and why

What: Report matter: Dispute over deal to supply ventilators must go to arbitration. Procedural stage: hearing_or_decision

When:

• March 30th Hearing Or Sentence
• 2020-06-26 Publication

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report