THE METROPOLITAN BOROUGH COUNCIL OF SEFTON v ALLENBUILD LTD

[2022] EWHC 1443 (TCC), Technology and Construction Court, HH Judge Hodge QC sitting as a Judge of the High Court, 20 June 2022

Enforcement of decision of adjudicator – Defendant seeking stay pursuant to section 9 of the Arbitration Act 1996

The claimant brought proceedings against the defendant in which it sought summary judgment in order to enforce the decision of an adjudicator, in which the adjudicator ordered the defendant to pay to the claimant the sum of £2,204,215.13. The defendant sought to resist enforcement and to obtain a stay pursuant to section 9 of the Arbitration Act 1996. Judge Hodge QC stated that the resolution of the dispute between the parties required consideration of two competing public interests, namely the “pay now, argue later” policy which underpins the construction adjudication legislation and the respect to be accorded to the contractual autonomy of parties who have agreed that any dispute that may arise between them is to be referred to arbitration.