Prater Ltd v Sisk – When Cherry Picking Is And Isn't Fruitful

A recent TCC decision has confirmed that parties may strategically cherry pick elements of a larger existing dispute and refer to them in a single adjudication without that party falling foul of the well-established rule that only a single dispute may be referred to adjudication at any one time. The judgment serves as a useful authority for those parties unable to refer an entire dispute to adjudication due to its size and complexity.

As Adele Parsons makes clear, the case is also a valuable reminder that a party cannot strategically cherry pick the timing of its objection to an Adjudicator's jurisdiction, confirming that this must be done promptly and in accordance with the applicable terms of the parties' contract.