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Wimbledon Construction Co 2000 Ltd v Derek Vago

Wimbledon Construction Co 2000 Ltd v Derek Vago 20 May 2005 HH Judge Coulson QC Technology and Construction Court [2005] EWHC 1086 [2005] ArbLR 68 Arbitration proceedings--Parallel proceedings--Adjudicator's award challenged in arbitration--Enforcement of adjudicator's award sought in the interim--Whether claimant in enforcement proceedings insolvent (no)-- Whether claimant in enforcement proceedings capable of repaying amount of adjudication award if ordered to do so in arbitration (yes)--Whether defendant in enforcement proceedings caused claimant's financial difficulties (yes)-- Whether to stay enforcement of adjudicator's award pending arbitration (no) Enforcement of adjudicator's award not stayed pending arbitration where company seeking enforcement not insolvent Mr Vago engaged Wimbledon Construction to carry out extension and refurbishment works at his house. The parties' contract incorporated the JCT Minor Works Form 1998 Edition, including amendments one to four. Disputes were referred to adjudication pursuant to the terms of the parties' contract. The adjudicator awarded Wimbledon £122,923.34. Wimbledon commenced enforcement proceedings. Wimbledon also sought summary judgment for the value of postcontract works carried out at the property on the basis that the value of these works had been agreed between the parties. At the same time, Mr Vago commenced arbitration challenging many of the adjudicator's findings. Mr Vago offered to pay the amount of the adjudication http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Wimbledon Construction Co 2000 Ltd v Derek Vago

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Wimbledon Construction Co 2000 Ltd v Derek Vago

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

20 May 2005 HH Judge Coulson QC Technology and Construction Court [2005] EWHC 1086 [2005] ArbLR 68 Arbitration proceedings--Parallel proceedings--Adjudicator's award challenged in arbitration--Enforcement of adjudicator's award sought in the interim--Whether claimant in enforcement proceedings insolvent (no)-- Whether claimant in enforcement proceedings capable of repaying amount of adjudication award if ordered to do so in arbitration (yes)--Whether defendant in enforcement proceedings caused claimant's financial difficulties (yes)-- Whether to stay enforcement of adjudicator's award pending arbitration (no) Enforcement of adjudicator's award not stayed pending arbitration where company seeking enforcement not insolvent Mr Vago engaged Wimbledon Construction to carry out extension and refurbishment works at his house. The parties' contract incorporated the JCT Minor Works Form 1998 Edition, including amendments one to four. Disputes were referred to adjudication pursuant to the terms of the parties' contract. The adjudicator awarded Wimbledon £122,923.34. Wimbledon commenced enforcement proceedings. Wimbledon also sought summary judgment for the value of postcontract works carried out at the property on the basis that the value of these works had been agreed between the parties. At the same time, Mr Vago commenced arbitration challenging many of the adjudicator's findings. Mr Vago offered to pay the amount of the adjudication

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.1013
Publisher site
See Article on Publisher Site

Abstract

20 May 2005 HH Judge Coulson QC Technology and Construction Court [2005] EWHC 1086 [2005] ArbLR 68 Arbitration proceedings--Parallel proceedings--Adjudicator's award challenged in arbitration--Enforcement of adjudicator's award sought in the interim--Whether claimant in enforcement proceedings insolvent (no)-- Whether claimant in enforcement proceedings capable of repaying amount of adjudication award if ordered to do so in arbitration (yes)--Whether defendant in enforcement proceedings caused claimant's financial difficulties (yes)-- Whether to stay enforcement of adjudicator's award pending arbitration (no) Enforcement of adjudicator's award not stayed pending arbitration where company seeking enforcement not insolvent Mr Vago engaged Wimbledon Construction to carry out extension and refurbishment works at his house. The parties' contract incorporated the JCT Minor Works Form 1998 Edition, including amendments one to four. Disputes were referred to adjudication pursuant to the terms of the parties' contract. The adjudicator awarded Wimbledon £122,923.34. Wimbledon commenced enforcement proceedings. Wimbledon also sought summary judgment for the value of postcontract works carried out at the property on the basis that the value of these works had been agreed between the parties. At the same time, Mr Vago commenced arbitration challenging many of the adjudicator's findings. Mr Vago offered to pay the amount of the adjudication

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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