The decision confirms that the balance of convenience in a stay application pending appeal of a refusal to refer to arbitration will weigh heavily the financial prejudice to the party seeking enforcement of certified progress payments, particularly where the applicant for the stay has not demonstrated specific confidentiality concerns or offered security. The conflict between Eriez Magnetics/GR Engineering and Lysaght Building Solutions on the construction of dispute resolution carve-out clauses in construction contracts remains unresolved at the appellate level.
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