Enforcement

What use is an adjudicator's decision? Until the case of Macob Civil Engineering Ltd v Morrison Construction Ltd in February 1999 there was concern about enforceability. However this concern was resolved in most circumstances by the decision that the appropriate means of enforcement was by summary judgment in court proceedings.

The current position as to matters concerning enforceability has been summarised in Sherwood & Casson Limited v. Mackenzie.

If you require assistance to enforce an adjudicator's decision then please contact us.

Difficulties may arise if the contract contains an arbitration clause which does not provide an exclusion (as most standard arbitration clauses now do) so that disputes as to the enforceability of an adjudicator's decision do not fall within the arbitration agreement. In the absence of such an exclusion, enforcement will be by means of an arbitration award.

Enforcement through the courts requires the commencement of proceedings based on a breach of contract, this breach being one party's failure to comply with an adjudicator's decision. It will usually be appropriate to make an application for summary judgment at the same as proceedings are issued, often including an application to abridge time to ensure a quick hearing date.

Generally, unless there is an issue as to jurisdiction or some other procedural irregularity (such as in the appointment of the adjudicator), the Court will not look behind the adjudicator's decision, even if it is demonstrably wrong in fact or law.

As soon as judgment is obtained it can be enforced in the usual manner.