Cubitt Building and Interiors Ltd v Richardson Roofing (Industrial) Ltd
Citation: BLR 354 TCC, All ER (D) 106 TCC
Nature of case:
In refusing the claimant’s application for a stay of arbitration pending adjudication, the court emphasised that whether there should be a stay during the arbitration was entirely a matter for the arbitrator’s discretion. There is no obligation either under the DOM/1 conditions incorporated into the sub-contract nor under the HGCR Act to refer a dispute to adjudication, but a party can do so at any time. If involved in arbitration, application would be made for relief which could be built into the arbitration timetable if the arbitrator thinks fit, because, applying the overriding objective it involves a prospect of resolution. However, an order for a stay should not be granted if it would prevent expeditious resolution by arbitration (or litigation) already commenced.