- Adjudication—challenges, waiver and stays of execution (CSK Electrical Contractors v Kingwood Electrical Services)
- Practical considerations
- Crystallisation of the dispute
- Whether the appointment of the adjudicator was valid
- Strict timetables
- Had the defendant waived the right to rely on the defences put forward?
- Should there be a stay of execution?
Dispute Resolution analysis: Coulson J considers the impact of the fraudulent misrepresentation in Eurocom, finding that reference to a non-existence list of adjudicators the claimant did not wish to see appointed, did not fall within the first requirement set out in Eurocom; being that there was a false statement. The reference the non existence list was therefore not a ground to challenge the valid appointment of the adjudicator. Two rarely successful defences (1) non-crystallisation of the dispute and (2) breach of natural justice due to strict timetables, were mounted and neither were successful but a useful recap of the relevant principles are set out. The judgment also considers what will amount to a waiver to the right to rely on the challenges when faced with summary judgment for enforcement and the practical issues to consider when seeking a stay of execution.
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