Stay of proceedings: adjudication and arbitration

Section 108 of the Housing Grants, Construction and Regeneration Act 1996 established the adjudication scheme for construction contracts, and provides that “party to a construction contract has the right to refer a dispute arising under the contract for adjudication” in accordance with the scheme.

Adjudication is a temporary solution, allowing the parties to resolve their disputes while work continues, with a final determination to come at a later date. The issue in Maelor Foods Ltd v Rawlings Consulting (UK) Ltd [2018] EWHC 1878 (QB), before HHJ Eyre QC, was the scope an arbitration clause whereby disputes in connection with the enforcement of the adjudication were carved out of the obligation to go to arbitration.