The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996:
Part 2 of 2021
Kenneth T. Salmon
This article forms Part 2 of 2021 of the series of articles continuing the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators.
Missed the other case updates in this series? Here are quick links to each of them: Part 1 of 2021 / Part 3 of 2021 / Part 4 of 2021 / Part 5 of 2021
Construction Adjudication Part 2 of 2021
This document is available to be read on full screen or alternatively can be downloaded or printed using the icons at the bottom of the publication. To go directly to each of the cases click the case names linked below.
The Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSOH 8 (26 January 2021) Lady Wolffe
Contractual requirement to adjudicate not a fetter on the statutory right
Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC) (22 February 2021) HHJ Hodge QC
Foreign law exclusive jurisdiction clause – effect on enforcement:
Ex Novo Ltd v MPS Housing Ltd [2020] EWHC 3804 (TCC) (17 December 2020) HHJ Eyre QC
Jurisdiction overlapping with substantive issues
Hochtief Solutions AG and others v Maspero Elevatori S.p.A. [2021] CSIH 19 (15 February 2021) (Lord President, Lord Menzies, Lord Woolman)
Jurisdiction – Excess of and failure to exhaust – reservation of position
Croda Europe Ltd v Optimus Services Ltd [2021] EWHC 332 (TCC) (19 February 2021) HHJ Roger ter Haar QC
Jurisdiction – Adjudicator’s powers under NEC3 Option W1.3(5) – Waiver following decision