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ARTICLE · 23 DECEMBER 2022

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Legal Developments In Construction Law: December 2022

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A joint venture resisted enforcement of an adjudication award of £22million, plus interest, on the ground that the claimant's enforcement claim in court was a dispute that should be referred...

United KingdomReal Estate and Construction
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1. Court rejects attempt to send enforcement of £22million adjudication award to arbitration

A joint venture resisted enforcement of an adjudication award of £22million, plus interest, on the ground that the claimant's enforcement claim in court was a dispute that should be referred to arbitration under the contract arbitration clause and section 9 of the Arbitration Act 1996.

The court noted that that the joint venture's failure to pay the sum awarded by the adjudicator, however indisputable the claimant's claim, amounted to a dispute under s.9(1) of the Act (as explained in Halki Shipping Corporation v Sopex Oils Ltd.) It did not follow, however, that the court must grant a stay for arbitration because:

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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