The claimant sought to enforce an arbitration award. The respondent resisted, saying that the claimant faced unresolved insolvency proceedings, and may be unable to repay any sum later found due.
Judges:
Coulson J
Citations:
[2013] EWHC 3949 (TCC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Macob Civil Engineering Ltd v Morrison Construction Ltd TCC 12-Feb-1999
Once made, an award by an adjudicator under the Scheme was enforceable immediately and should be enforced by writ and application for summary judgment, provided only that the arbitrator had jurisdiction to make the award. It remained payable . .
Cited – Bouygues UK Limited v Dahl-Jensen UK Limited TCC 17-Dec-1999
An arbitrator had made an award, the consequence of which, it was claimed, would lead to a retention being released before it was actually due. It was claimed that this part of the award was outside the adjudicator’s jurisdiction.
Held: . .
Cited – Wimbledon Construction Company 2000 Ltd. v Vago TCC 20-May-2005
. .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Cited – Mead General Building Ltd v Dartmoor Properties Ltd TCC 4-Feb-2009
. .
Cited – Pilon Ltd v Breyer Group Plc TCC 23-Apr-2010
Coulson J said: ‘The law on this topic is clear. Jurisdictional issues often arise during the course of an adjudication, and it is usually sensible for the parties to ask the adjudicator to investigate the issue and state his conclusion. But, unless . .
Cited – Straw Realisations (No 1) Ltd v Shaftsbury House (Developments) Ltd TCC 20-Oct-2010
The applicant sought summary judgment on two construction arbitration decisions. The defendant objected saying that the claimant was impecunious.
Held: Edwards-Stuart J considered the position applying to an impecunious claimant seeking to . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 31 August 2022; Ref: scu.518948