Scottish court proceedings should be sisted (ie stayed) but not dismissed to allow for adjudication and arbitration under NEC3 contract (Fraserburgh Harbour v McLaughlin & Harvey)

Table of contents

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

Article summary

Construction analysis: The Inner House of the Court of Session found that, though the parties’ contract (based on the NEC3 Construction and Engineering Contract) provided for the resolution of disputes by adjudication and then arbitration, this did not entirely preclude the court’s jurisdiction. The court could therefore sist (ie stay) proceedings raised in court, without dismissing them, to allow for resolution of the dispute by arbitration.