{"id":186314,"date":"2024-02-13T16:18:00","date_gmt":"2024-02-13T16:18:00","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=186314"},"modified":"2024-05-28T05:34:38","modified_gmt":"2024-05-28T04:34:38","slug":"adjudication-award-enforced","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/disputes-litigation\/adjudication-award-enforced\/","title":{"rendered":"How is an Adjudication Award Enforced in a Commercial Dispute?"},"content":{"rendered":"\n

When you run a business, you can encounter all sorts of obstacles. For example, you may encounter a commercial dispute with another company. This is where you disagree on a matter, often concerning a contract you have together. It is best to resolve your commercial dispute as swiftly as possible so that you can continue running your business smoothly.  One quick way to resolve a business dispute is through adjudication, resulting in an adjudication decision or award. <\/p>\n\n\n\n

This is a frequent way construction companies resolve disagreements with construction contracts. However, sometimes, adjudication enforcement by the successful party is necessary to enforce the adjudicator’s decision. This article will explain how to enforce an adjudication award in a commercial dispute.<\/p>\n\n\n\n

What is Adjudication?<\/h2>\n\n\n\n

Adjudication is a form of alternative dispute resolution (ADR), a method to resolve disputes, including commercial ones. The construction industry primarily uses it for contractual disputes. This is because the law gives them the right to this recourse when a business disagreement arises.<\/p>\n\n\n\n

A business can turn to the adjudication process at any point in a commercial dispute<\/a>. The parties to the dispute decide on an arbitrator or panel of judges and the procedural rules for the adjudication. It is a relatively informal process that takes just 28 days. An adjudicator will hear the dispute and then come to a decision, which will result in an adjudication award<\/a>. <\/p>\n\n\n\n

 How Do You Enforce an Adjudication Award?<\/h2>\n\n\n\n

Adjudication awards are temporarily binding as parties can turn to litigation or arbitration for a final, binding decision. However, parties to adjudication must still abide by the adjudication award. <\/p>\n\n\n\n

\n

Suppose the party the award binds does not pay the adjudication award or carry out the actions instructed. In that case, you can attempt to enforce it in the Technology and Construction Court (TCC) through a fast-track procedure in the Civil Procedure Rules.<\/p>\n<\/div>\n\n\n\n

This does not guarantee the court will enforce it, as it depends on the circumstances of your dispute and award. However, the court<\/a> will likely enforce the adjudication award unless the adjudicator did something wrong. <\/p>\n\n\n\n

Procedure <\/h3>\n\n\n\n

To enforce the adjudication award, you must issue a claim as per the Civil Procedure Rules in Part 7 and Part 24. We recommend that you ask a solicitor to help you with this. It requires you to:<\/p>\n\n\n\n