Is an adjudicators non binding decision enforceable in court TCC?
In the UK, the Adjudicator’s decision is binding (assuming they made a decision on the dispute referred to them and did not stray outside it).
In other countries with statutory adjudication, I would assume - but don’t know - the same thing.
Even under W1, W1.3(10) says the Adjudicator’s decision “is binding on the Parties unless and until overturned by the tribunal” and “enforceable as a contractual obligation”.
All Adjudicators decisions in the England and Wales are binding in accordance with Section 108(3) of what I will call the Construction Act 1996 as amended in 2009. The Courts will enforce the Award even if there are possible grounds that it was wrong unless the Party against whom the Award was made can persuade the Court that there was some bias, lack of jurisdiction, no crystallised dispute or lack of fair process. The Court of Technology and construction has shown less and less interest in not enforcing Awards; bu that does not prevent you from litigating the dispute again. You can start afresh and the Award would have no bearing on the outcome of your High Court or Arbitration proceedings.