Can you sue the referee?
Bingham, T.
Can you sue the referee? - 2000 - Building (27) 7 July 2000, 71(1) .
Looks at jurisdiction in adjudication proceedings in the light of the dispute between Mowlem and Hydra-Tight. Mowlem in its subcontract insists it has the right to choose a barrister. Hydra-Tight disagreed and called in the ICE to appoint. Mowlem argued that if the referee continued to adjudicate, thenhe had no right to adjudicate, and that the company would sue him for costs. As an alternative, the author suggests that Mowlem could have approached the Technology and Construction Bar Association.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
TECHNOLOGY AND CONSTRUCTION BAR ASSOCIATION
MOWLEM
HYDRA TIGHT
JURISDICTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
Can you sue the referee? - 2000 - Building (27) 7 July 2000, 71(1) .
Looks at jurisdiction in adjudication proceedings in the light of the dispute between Mowlem and Hydra-Tight. Mowlem in its subcontract insists it has the right to choose a barrister. Hydra-Tight disagreed and called in the ICE to appoint. Mowlem argued that if the referee continued to adjudicate, thenhe had no right to adjudicate, and that the company would sue him for costs. As an alternative, the author suggests that Mowlem could have approached the Technology and Construction Bar Association.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
TECHNOLOGY AND CONSTRUCTION BAR ASSOCIATION
MOWLEM
HYDRA TIGHT
JURISDICTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS