Dawnus Construction Holdings Ltd v Marsh Life Ltd

Arbitration – Adjudication. The Technology and Construction Court allowed the claimant's application for summary judgment to enforce the decision of an arbitrator in a dispute concerning the construction of a hotel. The court held that there was not a clear distinction between excess of jurisdiction and breach of the rules of natural justice, as contended by the defendant and, by inviting the adjudicator to exercise his powers under the slip rule, the defendant had waived or elected to abandon its right to challenge enforcement of the decision since it had thereby elected to treat the decision as valid.

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