- ‘An SPV with no P’: excluded operations, waiver of jurisdiction and stay of enforcement (Equitix v Bester Generacion)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Excluded operations
- Reservation of rights
- Stay of execution
- Case details
Construction analysis: The court considered a number of issues arising out of an adjudication on a failed project for the construction of a biomass energy plant. An adjudicator awarded the employer £9.8 million on the termination of the project. This was held to be enforceable, but the contractor was only required to pay £4.5 million to the employer, with a further £1 million paid into court. Adam Temple of 4 Pump Court Chambers considers the judgment and its implications.
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