The standard NEC dispute resolution provision which provides for disputes to be decided firstly by adjudication and then by a specified tribunal have been under closescrutiny by the Scottish appeal court in the case of The Fraserburgh Harbour Commissioners v McLaughlin & Harvey Limited, [2021] CSIH 58.
The pursuer raised court proceedings for damages in respect of certain defects in the works for the primary purpose of interrupting prescription (i.e. time bar) prior to any adjudication proceedings being commenced. There was no dispute between the parties that the defender was entitled to insist on its contractual right to have the merits of the matter determined by adjudication, and then arbitration, rather than the courts. However, the parties were in dispute as to what should happen to the court proceedings in the meantime: should they be sisted (i.e. paused) or dismissed?
You can read Chris Mackay and Andrew Little’s blog to find out why the court concluded it would sist the current court action pending the outcome of an adjudication and arbitration determining the merits of the dispute.
Related News, Insights & Events
Error.
No results.
What’s the latest in mediation?
06/10/2025
In August 2025, the Centre for Effective Dispute Resolution (CEDR) published its 11th Mediation Audit. Here we take a look at the highlights and what it means for the construction industry.
Case Update – Can you rely on a collateral warranty granted after purchase?
06/10/2025
The Scottish Court of Session recently published an appeal decision which will offer comfort to beneficiaries of collateral warranties, particularly purchasers of property.
Economic Crime and Corporate Transparency Act 2023 - ID Verification
06/10/2025
The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) makes significant changes to UK law and is aimed at tackling economic crime and making UK-registered entities more transparent.
{name}
{properties.pageSummary}
{properties.headline}
{properties.pageDate|date:dd/MM/yyyy}
{properties.shortDescription}
