Cubitt Building and Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] All ER D) 106 TCC
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. A party can refer a dispute to adjudication at any time.
If involved in arbitration, an application would be made for relief which could be built into the arbitration timetable if the arbitrator thinks fit.
The claimant applied for stay of arbitration of the matter pending adjudication by the Court.
