Citation: EWHC 3434
Nature of case: ROK resisted enforcement of an adjudicator’s decision by raising jurisdictional arguments, and refused to pay the sum awarded by the adjudicator who found in favour of PT. PT therefore brought a second adjudication, which ROK refused to participate in, arguing that the same dispute had already been decided in the previous adjudication. The second adjudicator resigned and PT sought to enforce the first decision. Ramsay J. found in favour of PT and held that a party cannot both assert that an adjudicator’s decision is valid and at the same time seek to challenge the validity of the decision. The party must elect to take one course or the other.
