Articles in the 2012/March Newsletter

Displaying 8 items

Scottish Law on Arbitration was codified in the Arbitration (Scotland) Act 2010. The new Act broadly applies to any arbitration commencing after 7 June 2010. It represented a sea change in Scottish Arbitration Law.

Parties to adjudication disputes rarely agree on much but what they do agree on is significant; first, they want an adjudication process and result which is fair and just and secondly, they do not wish to pay an arm and a leg to reach that end goal. How can adjudicators and party representatives ensure that these two elements are achieved?

A straw poll amongst adjudicators and practitioners in the adjudication field on the relationship between adjudication enforcement and arbitration clauses would likely result in an overwhelming majority answering that the two have nothing to do with each other; that the jurisdiction over adjudication enforcement is solely the province of the courts and arbitrators have no look-in.

As the dark mornings and evenings begin to leave us and the shoots of spring emerge, the commercial world also seems to be waking up. For Adjudication, 2012 should see some of out with the old and in with the new.

It is widely accepted that the initial intention of the Housing Grants, Construction and Regeneration Act 1996, (HGCRA 1996) was that adjudication would be a low cost quick fix method of resolving construction disputes.

Whether a complaint surrounding an adjudicator’s resignation will be upheld will very much depend on the facts.

The extent to which adjudicators can set out their thinking in advance of issuing a decision has recently been considered by the Court of Appeal in Lanes Group Plc v Galliford Try Infrastructure Limited [2011] EWHC 1 [2011] EWCA Civ 1617.

Over recent years, much has been written, and even more said, about the quality of performance and abilities of adjudicators.