Pay Now—don’t stay adjudication enforcement for arbitration (MBC Sefton v Allenbuild)

Table of contents

• What are the practical implications of this case?
• What was the background?
• NEC
• What did the court decide?
• Case details

Article summary

Construction analysis: The case has clarified some of the remaining conflicts between the Housing Grants Construction and Regeneration Act 1996 (as amended) and the Arbitration Act 1996 (AA 1996) in quite sweeping terms. The judge would not stay the summary judgment enforcement proceedings in order that the dispute which had been adjudicated could be referred to arbitration. After refusing the stay the judge then enforced the adjudicator’s decision for payment of despite a set of arguments against enforcement and against the background of a finding that the wrong adjudication rules had been applied by all concerned. Written by James Davison, barrister at 3PB Barristers.