Multiple dispute objections and cherry picking

By Jessica Scott 2021-07-21T05:00:00

A recent ruling in Prater vs Sisk confirms that referring discrete elements of a dispute to a single adjudication does not result in the referral of multiple disputes, writes Jessica Scott

Readers will be aware that a party cannot refer more than one dispute to an adjudicator at the same time. However, following the recent Technology and Construction Court (TCC) judgment in Prater Ltd vs John Sisk & Son (Holdings) Ltd [2021] EWHC 1113 (TCC), parties are provided with greater flexibility in structuring adjudication proceedings where they are reluctant to refer a whole dispute to adjudication, but wish to obtain a determination as to particular elements of it.

Prater vs Sisk concerned the construction of a new Boeing fleet aircraft maintenance hangar, office and plant room at Gatwick airport, London. Sisk was appointed by Boeing as the main contractor, who appointed Prater as the cladding and roofing subcontractor.

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