Introduction
The practice of managing adjudication can be succinctly summarised as involving two key elements – procedural management and the managing the evidence.
Articles
Articles in the 2009/June Newsletter
Displaying 6 itemsIf there one thing worse than having an adjudicator’s decision go against you, it’s that moment a few days later when you actually have to write out the cheque to the other side.
Mr Justice Coulson no doubt quite deliberately noted in 2007 that: "With challenges based on jurisdiction and natural justice difficult (although not of course impossible) to establish in practice, the resourceful losing party in adjudication has had to look elsewhere for a reason to argue that the adjudicator's decision should not be enforced."
The orthodoxy that adjudicators’ decisions are not severable on enforcement was challenged by Mr Justice Akenhead last year in Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC).
As a result of the complex interaction of the multitude of contracts involved in a PFI/PPP scheme and the pass down of risk from the Authority procurer through the Project Company to the Building Contractor and Facilities Management Contractor the dispute resolution provisions within
The theme of this month’s newsletter is adjudication rules. We have articles on the TeCSA and CEDR rules and, probably most importantly, the Scheme courtesy of Jeremy Glover, Shona Frame and Mark Entwhistle respectively.