European Convention threatens change for adjudication
Button, R
European Convention threatens change for adjudication - 2001 - CSM (Chartered Surveyor Monthly) January 2001, 33(1) .
Discusses the implication of the Human Rights Act 1998 on the adjudication process. The article warns that until there is a definitive ruling from the courts as to whether or not adjudication is subject to the Human Rights Act, adjudicators need to proceed carefully. The article looks at past cases that reflect on the situation and the attitudes of the courts towards adjudication. The article ends with a caveat for adjudicators to avoid any behaviour that could be deemed unfair and the need to end the uncertainty soon in order to keep adjudication a credible process.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HUMAN RIGHTS ACT 1998
PROCEDURAL UNFAIRNESS
European Convention threatens change for adjudication - 2001 - CSM (Chartered Surveyor Monthly) January 2001, 33(1) .
Discusses the implication of the Human Rights Act 1998 on the adjudication process. The article warns that until there is a definitive ruling from the courts as to whether or not adjudication is subject to the Human Rights Act, adjudicators need to proceed carefully. The article looks at past cases that reflect on the situation and the attitudes of the courts towards adjudication. The article ends with a caveat for adjudicators to avoid any behaviour that could be deemed unfair and the need to end the uncertainty soon in order to keep adjudication a credible process.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HUMAN RIGHTS ACT 1998
PROCEDURAL UNFAIRNESS