Articles in the 2011/July NewsletterDisplaying 6 items
The recent TCC judgment in De Beers v Atos, by Mr Justice Edwards-Stuart, referred to a ‘pet subject’ of mine; ‘Concurrent Delays’.
Most of you will be aware of the phrase concerning a tribunal “going off on a frolic of its own”, which, in the context of adjudication, is a reference to an adjudicator using his or her own evidence to determine a dispute.
The November 2010 edition of the newsletter contained a thought provoking article reviewing the decisions in Cantillon, Quartzelec and Pilon and questioned whether it is desirable for a Responding Party to be able to raise any defence in response to an adjudication referral.
In the case of CN Associates (A Firm) –v– Holbeton Limited, CN Associates (“CN”) sought to summarily enforce the decision of an adjudicator.