Articles

Articles in the 2012/December Newsletter

Displaying 10 items

A criticism sometimes levelled at us in the Adjudication Society is that we can seem to focus on the problems with adjudication rather than on how to use the process.

After much debate the Construction Industry Payment and Adjudication Act 2012 of Malaysia received Royal Assent on 18 June 2012 . It came into force on the 22 June 2012, and so Malaysia now has a statutory payment and adjudication regime for construction contracts.

With the season of goodwill almost upon us, this double edition of the Adjudication Society’s newsletter provides something of the Past, Present, and Yet to Come reminiscent of Charles Dicken’s A Christmas Carol.

The extent to which an adjudicator can use his own knowledge and experience is of course not a new issue. It has been the subject of numerous cases, most recently a flurry of cases in the Scottish courts.

I was pleased to see that we have a new series for this newsletter called ‘Back to Basics’. This is welcome because, after 14 years of adjudication, complacency has grown. Adjudication is often seen as the only route for dealing with the dispute.

In PC Harrington Contractors Limited v Systech International Limited [2012] EWCA 1371 (Civ) handed down on 23 October 2012, the Court of Appeal confirmed that an Adjudicator is not entitled to be paid his fees where he commits an error of jurisdiction or breach of natural justice, with t

In the November 2011 edition of this newsletter I wrote an article about a panel debate held on the ‘new’ payment provisions by the London and South East Region. One year on, I thought it was worthwhile reviewing how they are faring.

From time to time complaints arise regarding decisions containing grammatical or factual errors.

Some people believe (incorrectly) that a Black Hole and an Insolvent Company are one and the same thing.

As many of you are aware from previous newsletters or otherwise, the Construction Contracts Bill was dramatically passed by the Irish Seanad (Upper House) in the dying hours of the last parliament.