May a party refer a dispute to adjudication while litigation is in progress?
The statutory right to adjudicate may generally be exercised while court proceedings concerning the same dispute are pending. Adjudication remains interim, while the court provides final determination.
Yes, subject to any prior final determination; a stay of litigation is discretionary rather than automatic
Pending litigation does not ordinarily extinguish the right to adjudicate at any time. The adjudicator may decide the dispute and the decision may be enforced pending the court's final judgment. The court may stay or manage its proceedings where appropriate, but no universal rule requires a stay whenever adjudication begins. The parties should disclose the parallel process, prevent inconsistent procedural steps, preserve court deadlines and identify whether any issue has already been finally determined. A later final judgment governs the parties and may require repayment of an adjudicated sum.
| Issue | Position |
|---|---|
| Litigation pending | Adjudication generally remains available |
| Adjudicator decision | Interim binding effect |
| Court proceedings | Continue or stay by case-management decision |
| Final court judgment | Determines the parties' ultimate rights |
| Already determined issue | Cannot ordinarily be reopened as an unresolved dispute |
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