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Tim Willis

Almost all of the cases concerning adjudication that you read about in these pages concern challenges to the adjudicator’s jurisdiction, which are raised as a defence to an application to the Court to enforce the adjudicator’s decision.

The parties will by that stage have gone through an adjudication process – albeit one will be objecting to the adjudicator’s jurisdiction.

Midlands region held a surgery attended by about 20 people. Guy Cottam led the surgery, which involved case studies based around a theoretical dispute. The surgery worked in groups of 4-5 who had to address issues raised at different stages of a hypothetical adjudication. The first issues were objections to jurisdiction - in relation to appointment - and the crystallisation of the dispute. The Contract based on the ICE 6th Edition contained a clause requiring the matter of dissatisfaction procedure to be followed before a "dispute " as defined in the contract arose.

Tony Bingham spoke to an audience of 35 on the Blue Standard Approach to Adjudication. The event held at the Birmingham Chamber Commerce and Industry on 28 July attracted a mixture of existing members and new members and provided a forum for debating the role of the adjudicator.

The Midlands Region held an evening talk on 23 June in which the question of the desirability and purpose of a Code of Conduct for adjudicators was debated.

Delia Dumaresq presented arguments as to the need for and desirability of such a code and John Riches responded as to why such a code was not necessary.

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 much in line with the proposals suggested in the Adjudication Society response to the consultation and are welcomed.
 
The main deficiency noted in the drafting is section 108(3) which appears to preclude an express agreement giving the adjudicator power to allocate h