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Adjudication and the effect of fraud on enforcement
- RPC
- -
- United Kingdom
- -
- April 12 2010
Two recent cases address the issue of the effect of allegations of fraud as a defence to enforcement proceeding
Stay of execution
- RPC
- -
- United Kingdom
- -
- January 12 2010
The enforcement of an adjudicator’s award by a contractor against an employer was stayed in light of the contractor’s precarious financial position and the fact that it was contractually obliged to repay the monies that were the subject of the adjudicator’s award as soon as the final account was issued
Jurisdiction reserving rights
- RPC
- -
- United Kingdom
- -
- January 12 2010
In this recent case, the court gave guidance as to how and when a party may reserve its position on jurisdiction, if there is an issue about whether a particular point has been referred to adjudication
Enforcement deferral due to allegations of fraud
- RPC
- -
- United Kingdom
- -
- January 12 2010
Depending on the facts, fraud is a defence in adjudication proceedings, just as it is in court or arbitration proceedings
Current Search
- Workarea - Construction
- Workarea - Litigation
- Firm Name - RPC
- Author - Richard Moody