Scottish court reminds us that you must adjudicate first under NEC3
Practical Law Construction
NOVEMBER 10, 2021
Back in February 2021, I wrote a blog entitled, You must adjudicate before you can arbitrate , where I discussed Lady Wolffe’s judgment in Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd. At the time, I said that if parties have a tiered dispute resolution clause in their contract, one thing they shouldn’t do is jump in at the deep end, missing out a step or two on the way, because we know the judges don’t like this (as was proved by Lady Wolffe’s dismissal of the c
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