Nicholas Gould, in a paper prepared for the 2006 AICA conference considers the status of an adjudicator's decision. Does an adjudicator's decision create a debt or alternatively, when seeking to enforce a decision of an adjudicator, is the cause of action the right or obligation in dispute by reference to the contract between the parties rather than the decision itself? In particular, Nicholas considers how you deal with abatement and common law or equitable set-off.
Adjudication
Click to download PDF"Recent developments: domestic and international"
8 November 2004
Nicholas Gould, in a paper given at the 10th Fenwick Elliott Adjudication Update Seminar, reviews recent case law including the Connex v MJ Building, William Verry Ltd v North West London Communal Mitvah, Alstom Signalling v Jarvis Facilities and McAlpine PPS Pipeline v Transco Plc cases. He also discusses changes to the ICE Conditions of Contract and recent developments in adjudication and dispute adjudication boards abroad.
"Adjudication: Current themes and practice"
14 November 2003
Julian Critchlow highlights the key recent trends in adjudication in a paper given at the Construction Law Masterclass. The paper deals with the question of the crystallisation of a dispute (and other jurisdictional matters) and discusses attempts made by losing parties to raise a set-off against an adjudicator’s decision. It also comments on attempts made to suggest that actions of adjudicators have been outside the principles of natural justice.
"Adjudication cases - Major developments"
22 November 2005
Dr Julian Critchlow, in a paper given at the IBC Masterclass, reviews the recent developments in adjudication enforcement cases which have come before the Courts. The paper focuses primarily on matters relating to jurisdiction and natural justice.
"Adjudication law: enforcement and jurisdiction"
August 2004
In a paper given as part of the MsC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments to the adjudication case law. In particular, he considers whether the courts are continuing to adopt the purposeful and robust approach of the early enforcement cases or whether they are now attending to adopt a more restrictive approach.
"An expensive way to flip a coin"
4 February 2005
Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.
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