Abstract

9 February 2007 HH Judge Coulson QC Technology and Construction Court [2007] EWHC 318 [2007] ArbLR 26 Arbitration Award--Enforcement--Stay of enforcement--Parallel proceedings-- Alleged overpayments in relation to separate transactions--Whether to stay enforcement (no)--Arbitration Act 1996, s 66 No stay of enforcement where amounts owing to party seeking stay arise out of separate transactions Berry Creek and Middleton entered into a contract incorporating the JCT (1998 edition) standard form contract. Middleton was to complete building works at a house in Highgate, London. Disputes between the parties were referred to arbitration. The arbitrator rendered a number of awards, including two in favour of Middleton for £318,487.48 and interest, costs, and the arbitrator's fees in the sum of £130,180.99. Middleton applied to enforce the awards. Berry Creek applied for permission to appeal on a question of law and for a stay of enforcement or execution in relation to the sum of £216,015.94 pending resolution of Berry Creek's claim for an alleged overpayment relative to a separate evaluation on a different building project. The application for permission to appeal was not pursued. Held: Berry Creek's applications for permission to appeal and a stay of execution were dismissed. Middleton's application to enforce the