The year 2017 witnessed considerable development in case law on statutory adjudication in Malaysia.
The second part of an article begun in the Summer 2018 edition of this newsletter.
Notes from our Chairman Richard Booth.
I was recently talking over lunch with a solicitor who regularly represents small and medium sized contractors in adjudications. The direction of our conversation turned to the subject of adjudicators nominated by ANBs.
Another great conference! Well organised – especially occurring the day after the decision in Grove was handed down; could not have been much better timed.
Back in the day, when adjudication enforcement cases were first coming before the courts, and practitioners and Judges were regularly grappling with issues which were new, in the legal sense of being without precedent or guidance, one of the major areas of contention, was what actually constituted the dispute in question.
To retain respect for sausages and laws, one must not watch them in the making. (Otto Von Bismark, 1869)
There has been a recent trend of Insolvency Practitioners commencing Adjudication proceedings on behalf of an insolvent company in an attempt to recover the payment of monies against the insolvent company’s account.
Forgive me Mark Ruffalo (American actor) for slightly amending your quote to suit my purposes. The something in our industry is simply a payment.
Adjudication is the construction sector’s dispute resolution method of choice for several reasons. It is quick, comparatively simple, cost-effective and private.
Court judgments from adjudication cases are numerous, though not always significant in directing the practice of the process of adjudication or the practices of adjudicators.
Notes from our Chairman Tim Willis.
The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
When I first got involved in adjudication, way back in 1998, I was aware of at least 20 organisations that claimed to perform the role of Adjudicator Nominating Body (ANB). Some of those ANBs have fallen by the wayside and no longer offer nomination services. Today, most parties seeking independent nominations of adjudicators apply to only a handful of ANBs.
The year 2017 saw the release of new editions of the FIDIC and NEC forms of contract. When the NEC announced at the beginning of March 2017 that they were releasing the new NEC4, they outlined the three core drafting principles. The underlying philosophy behind the FIDIC update was similar.