Discretionary Right to Adjudicate No Basis for Stay of Arbitration
Cubitt Bldg. & Interiors Ltd. v. Richardson Roofing (Ind.) Ltd., [2008] EWHC 1020 (Queen’s Bench Div., Tech. & Constr. Ct.)
Cubitt, the contractor on a construction project in London, engaged Richardson as sub-contractor. Under the relevant sub-contract, both parties had a discretion to refer disputes to adjudication. Richardson completed its works, Cubitt alleged delay and indicated that it intended to deduct liquidated damages from the amount payable to Richardson. Richardson started arbitration proceedings against the Cubitt. Cubitt sought a stay of the arbitration so that it could refer the dispute to adjudication. Read More