Rightful adjudication
Cohen, L.
Rightful adjudication - 2000 - Estates Gazette (0040) 7 October 2000, 178(1) .
Considers how the Human Rights Act will affect adjudication in the construction industry. Discusses article 6, which raises the question of whether adjudication complies with the concept of 'fair trial'. Also suggests that 'ambushes' will be effectively non-compliant with the requirements of the Act. Since parliament is unlikely to pass any further legislation relating to adjudication, offers and discusses three possible solutions to the problem: removing adjudication from the scope of the 1998 Act; making adjudication compliant with the Act; encouraging adjudicators to control the procedures. Concludes that adjudicators will have to find practical ways of managing adjudications to ensure both statutes are satisfied.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
FAIR TRIAL
Rightful adjudication - 2000 - Estates Gazette (0040) 7 October 2000, 178(1) .
Considers how the Human Rights Act will affect adjudication in the construction industry. Discusses article 6, which raises the question of whether adjudication complies with the concept of 'fair trial'. Also suggests that 'ambushes' will be effectively non-compliant with the requirements of the Act. Since parliament is unlikely to pass any further legislation relating to adjudication, offers and discusses three possible solutions to the problem: removing adjudication from the scope of the 1998 Act; making adjudication compliant with the Act; encouraging adjudicators to control the procedures. Concludes that adjudicators will have to find practical ways of managing adjudications to ensure both statutes are satisfied.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
FAIR TRIAL