Adjudication Enforcement: Arbitration Provisions

In two recent cases, the adjudication awards were enforced by the TCC, but what lessons can be learned?

Adjudication is a short form dispute resolution procedure for qualifying "construction contracts" under the Housing, Grants Construction and Regeneration Act 1996 ("the Act"). It is a fundamental principle that an adjudicator's decision is binding on an interim basis unless and until it is finally determined in litigation or arbitration (as the parties choose in the building contract). If the losing party does not comply with the decision before any final determination, the successful party can apply to the court for it to be enforced. The Technology and Construction Court ("the TCC") has a fast-track procedure under which, if the award is successfully enforced, there will be an order for summary judgment. A decision might not be enforced if, for example, the adjudicator did not have jurisdiction to hear the dispute or there had been a breach of the rules of