Articles in the 2009/June NewsletterDisplaying 6 items
If 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  EWHC 282 (TCC).
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.