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Macob Civil Engineering Ltd v Morrison Construction Ltd

Series: Construction Law Journal ; [1999] 15 CLJ 300-309(5)Publication details: 1999Subject(s): Summary: QBD 13 February 1999. A dispute over payment in a construction contract was referred to adjudication under the Scheme for Construction Contracts within the Housing Grants Construction and Regeneration Act 1996. The adjudicator directed MC to pay MCE, and permitted the parties to enforce the decision through the courts under the Arbitration Act 1996 s42. MC did not comply with the decision and referred it to arbitration on grounds including that the adjudicator ought not to have invoked s42 without reference to the parties, and had no power to invoke s42. MCE applied to the court to enforce the decision by injunction. Held, that, even if there is a challenge to the validity of an adjudicator's decision, the decision is binding and enforceable until the challenge is finally determined. That if the defendants elect to refer the disputed decision to arbitration they can not then assert that the decision was nullity. That the court can enforce the adjudicator's decision under s42.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS61169 (Browse shelf(Opens below)) 1 Available 101757-1001

QBD 13 February 1999. A dispute over payment in a construction contract was referred to adjudication under the Scheme for Construction Contracts within the Housing Grants Construction and Regeneration Act 1996. The adjudicator directed MC to pay MCE, and permitted the parties to enforce the decision through the courts under the Arbitration Act 1996 s42. MC did not comply with the decision and referred it to arbitration on grounds including that the adjudicator ought not to have invoked s42 without reference to the parties, and had no power to invoke s42. MCE applied to the court to enforce the decision by injunction. Held, that, even if there is a challenge to the validity of an adjudicator's decision, the decision is binding and enforceable until the challenge is finally determined. That if the defendants elect to refer the disputed decision to arbitration they can not then assert that the decision was nullity. That the court can enforce the adjudicator's decision under s42.