Don't listen to the chickens
Bingham, T.
Don't listen to the chickens - 2000 - Building 265(8156) 6 October 2000, 85(1) .
Considers the implications for adjudication of the ruling in "Discain Project Services v Opecprime Development Ltd". In this, Judge Bowsher stated that adjudication could only be made to work in practice 'if some of the rules of natural justice that have no demonstrable consequence are disregarded'. Suggests "Discain" does not undermine the adjudication system, and that the reference to natural justice simply means that any judicial tribunal must be 'fair in all circumstances'. Beyond that there are no hard and fast rules. Argues the ruling does not indicate that in future adjudicators will have to meet and discuss disputes with both parties at the same time. It merely stresses the point that the adjudicator must be fair.
DISCAIN PROJECT SERVICES LTD V OPECPRIME DEVELOPMENT LTD
NATURAL JUSTICE
FAIRNESS
Don't listen to the chickens - 2000 - Building 265(8156) 6 October 2000, 85(1) .
Considers the implications for adjudication of the ruling in "Discain Project Services v Opecprime Development Ltd". In this, Judge Bowsher stated that adjudication could only be made to work in practice 'if some of the rules of natural justice that have no demonstrable consequence are disregarded'. Suggests "Discain" does not undermine the adjudication system, and that the reference to natural justice simply means that any judicial tribunal must be 'fair in all circumstances'. Beyond that there are no hard and fast rules. Argues the ruling does not indicate that in future adjudicators will have to meet and discuss disputes with both parties at the same time. It merely stresses the point that the adjudicator must be fair.
DISCAIN PROJECT SERVICES LTD V OPECPRIME DEVELOPMENT LTD
NATURAL JUSTICE
FAIRNESS