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ARTICLE · 29 NOVEMBER 2018

When Can A Party Seek A Stay Of An Adjudicator's Decision?

Fenwick Elliott LLP
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The project fell into delay and Grosvenor referred a dispute to adjudication.

United KingdomLitigation, Mediation & Arbitration
Martin Ewen
Martin Ewen
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In Grosvenor London Limited v Aygun Aluminium UK Limited [2018] EWHC 227 (TCC), the court extended the long-established grounds on which a party can seek a stay of execution of an adjudicator's decision.

Introduction

Grosvenor London Limited ("Grosvenor") made an application for summary judgment in respect of an adjudicator's decision which was made in its favour against Aygun Aluminium Limited ("Aygun"). The amount of the decision was £553,958.47 plus VAT. The application was resisted by Aygun on the basis of fraud. Aygun also brought its own application for a stay of execution, in the event that its opposition to the summary judgment application was unsuccessful.

The facts

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