Articles

Articles in the Autumn 2023 Newsletter

Displaying 14 items

Michael Coumas of Keating Chambers looks at the interaction between arbitration and adjudication. He analyses previous case law including the recent decision of Northumbrian Water Ltd v Doosan Enpure Ltd [2022] EWHC 2881 (TCC) and he considers whether disputes about the validity of adjudications can be determined in arbitration.

In this article, Michael Hopkins of Pinsent Masons provides a summary of Sudlows Limited v Global Switch Estates 1 Limited [2023] EWCA Civ 813 which concerned whether and to what extent subsequent adjudicators and bound by the decisions of previous adjudicators, and how this relates to the jurisdiction of subsequent adjudicators. He provides guidance on how parties should approach serial adjudications in light of the decision. This article was first published on Pinsent Masons’ Out-Law blog.

Notes from the Editors, Douglas James and Benedict Morillo

Andrew Dixon of Walker Morris provides a report of the Society’s Leeds panel event which formed part of the Society’s ‘Women in Adjudication’ initiative. Morwenna Crichton chaired the panel which featured adjudicators Chantelle Vermeulen, Bernadette Barker, Amy Bonzyck, Caroline McDermott, and Sue Kim.

Wayne Clark looks at how disputes might be prevented in the first place, and other methods of dispute resolution other than adjudication. He considers what makes an effective negotiation strategy, the increasingly popular dispute board style of dispute resolution, and how mediators can effectively resolve disputes.

Notes from the Chairman, Hamish Lal

[2023] EWHC 1946 (TCC)
Key terms:
Adjudicators' decisions; Breach of contract; Contract terms; Enforcement; JCT contracts; Samples; Summary judgments
[2023] EWCA Civ 813
Key terms:
Adjudicators' decisions; Adjudicators' powers and duties; Delay; Extensions of time; JCT contracts
[2023] EWHC 1643 (TCC)
Key terms:
Adjudication, Indemnity basis, Part 36 offers, Rules of court
[2023] EWHC 2010 (TCC)
Key terms:
Adjudication; Adjudicators' decisions; Construction contracts; Enforcement; Jurisdiction; Pay less notices; Summary judgments
[2023] IEHC 509
Key terms:
Construction Contracts Act 2013, Adjudicators Jurisdiction, Breach of Natural Justice, Adjudication Enforcement, Frolic of its own, Set-Off
[2023] EWCH 360 (TCC)
Key terms:
Adjudicator’s Decision, freezing injunction, stay of execution
[2023] IEHC 490
Key terms:
Construction Contracts Act 2013, Adjudicators Jurisdiction, Breach of Natural Justice, Adjudication Enforcement, Frolic of its own, Set-Off
[2023] IEHC 355
Key terms:
Construction Contracts Act 2013, Adjudicators Jurisdiction, Breach of Natural Justice, Adjudication Enforcement