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Arbitration – Adjudication. The parties contracted for the defendant construction company to carry out work on the claimants' home. A dispute arose and it was agreed that it would be determined by adjudication. The adjudicator made a decision in which, among other things, the claimants were to commence proceedings for the matters still in dispute. The defendant applied to have the proceedings struck out. The Technology and Construction Court held that, on the evidence, it was not open to the claimants to have certain matters re-decided, and that the claim would be set aside and the proceedings stayed.
Arbitration – Adjudication. The parties contracted for the defendant construction company to carry out work on the claimants' home. A dispute arose and it was agreed that it would be determined by adjudication. The adjudicator made a decision in which, among other things, the claimants were to commence proceedings for the matters still in dispute. The defendant applied to have the proceedings struck out. The Technology and Construction Court held that, on the evidence, it was not open to the claimants to have certain matters re-decided, and that the claim would be set aside and the proceedings stayed.
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