ADR, litigation and arbitration

6 November 2009 - JPA Design & Build Ltd v Sentosa (UK) Ltd; and Sentosa (UK) Ltd v JPA Design & Build Ltd

Were Sentosa entitled to set-off sums awarded in one adjudication decision against those awarded in another?

Was the defendant’s conduct such as to justify an award of costs on an indemnity basis?

Did the Court have jurisdiction under CPR Part 8 to consider various challenges to an adjudication made by Dalkia?

Were either the claimant's application for payment or the subsequent certificate issued by the engineer valid?

Did the commencement of court proceedings mean that it was too late for a claimant to rely upon a valid arbitration clause?

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