000 01740cam a2200193 4500
001 ABS61169
008 000000n1999 000 0 eng u
035 _a(Sirsi) u101757
245 _aMacob Civil Engineering Ltd v Morrison Construction Ltd
260 _c1999
490 _aConstruction Law Journal
_v[1999] 15 CLJ 300-309(5)
520 _aQBD 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.
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 _aSCHEME FOR CONSTRUCTION CONTRACTS
650 _aMACOB CIVIL ENGINEERING LTD V MORRISON CONSTRUCTION LTD
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
999 _c60873
_d60873