The Adjudication Society

Articles

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Displaying 421 - 440 of 600
Jeremy Glover

Challenging the Adjudicator’s Decision

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."

William Webb

Editorial

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.

Shona Frame and Alison Horner

Adjudication Provisions in PPP Contracts

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
Lynne McCafferty

Divide & Rule - Severability of Adjudicators’ Decisions

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).

Mark Entwistle

The Management of Adjudication - The Process

Introduction 
 
The practice of managing adjudication can be succinctly summarised as involving two key elements – procedural management and the managing the evidence.
Tim Willis

Adjudication Society Legislative Sub-Committee Update

The legislative sub-committee met on 27th January 2009 to discuss the amendments to the Construction Act contained within the Local Democracy, Economic Development and Construction Bill.
 
The proposals contained in the Bill with regard to adjudication are very muc
Calum Lamont

To Participate or Part 8 - That is the Question

It is perhaps not surprising that there has been a recent upturn in adjudication business, both substantively and in the Courts.
Hamish Lal and Emily Busby

The 'New' Construction Act

The “Construction Act” has now begun the formal process of change. The Housing Grants, Construction and Regeneration Act 1996 (the “Act”) more commonly referred to as the “Construction Act” has served the construction industry well for over ten years.
William Webb

Editorial

Many thanks to Glenn for the introduction and again may I echo his thanks to Lucy for the hard work she has put in during her time as Editor.
Philip Fidler

Taking the Initiative

As I reach the end of my tenure as Chairman of the Society may I take a moment to reflect for the benefit of members exactly what the objectives of the Society are and what we are doing to achieve these.
Nigel Ribbands

To be exercised or not to be?

Introduction 
 
There has been much debate over the last 10 years of statutory adjudication about whether, and if so, to what extent, the Adjudicator should take the initiative to ascertain the facts and the law – plainly the debate is al
John Riches

Decision writing

There is no correct format or style for an Adjudicator’s Decision; it is all a matter of personal choice for the Adjudicator. There are some basic principles that ought to be followed. 
 
The Decision ought to look like a ‘professional piece of work’.
J R Hartley

Complaints (Part III)

Complaints series 

Lucy Garrett

Editorial

The theme of this edition of the Newsletter is “Decisions.”  We have contributions from a panel of very distinguished and experienced adjudicators and arbitrators – a remark which the Editor is unfortunately quite sure will not affect her reception the next time she is making&nbs
Bob Davis

Chairman's Corner

As I reach the end of my tenure as Chairman of the Society may I take a moment to reflect for the benefit of members exactly what the objectives of the Society are and what we are doing to achieve these.
Janey Milligan

Adjudication Reporting Centre’s 10th Birthday!

As it is now 10 years since the Adjudication Reporting Centre, at Glasgow Caledonian University was launched, it was only fitting that on the 12th of June 2008 the launch preview of the latest ARC report was held there.

Dr Cyril Chern

Writing Effective Dispute Adjudication Board Decisions

Those new to Dispute Boards, particularly those serving as Dispute Board Members make the fundamental mistake of confusing a Dispute Board Decision with that of an Arbitration Award. The two are different.

Martin Boyes

Consistency in Adjudication – following reader response

I am pleased that my original article obviously struck a chord with many readers, and grateful to Lucy for selecting and printing two thought provoking replies – from Steve Rudd and Jeremy Hackett.

Mark Entwistle

Evidence In Construction Adjudications Part 2 – Considering the Evidence

 INTRODUCTION 

Glenn Godfrey

Editorial

Lucy has gone on a long, well deserved holiday and has delegated the compilation of this issue to me. As our holidays overlapped, I may have missed a contribution or two - I apologise now if I have.