Does the adjudicator really have the final say?
Brewer, G.
Does the adjudicator really have the final say? - 2001 - Contract Journal 406(6309) 10 January 2001, 20(1) .
Considers "Elanay Contracts Ltd v The Vestry" a recent case where it was argued that the Court should resist enforcing the adjudicator's decision on the following grounds: that if summary judgment was given V would be unable to raise the disputed matters as 'issue estoppel' prevents the same matters being litigated twice; that, if V was ordered to make payment, different proceedings than those before the arbitrator would have to be taken and that accordingly the dispute could not be finally determined by legal proceedings as envisaged by the Housing Grants, Construction and Regeneration Act 1996 s108(3); and finally that the adjudication process contravened Article 6 of the European Convention of Human rights.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
DISPUTE RESOLUTION
ELANAY CONTRACTS LTD V VESTRY
ENFORCEMENT
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
ISSUE ESTOPPEL
THE VESTRY V ELANAY CONTRACTS LTD
Does the adjudicator really have the final say? - 2001 - Contract Journal 406(6309) 10 January 2001, 20(1) .
Considers "Elanay Contracts Ltd v The Vestry" a recent case where it was argued that the Court should resist enforcing the adjudicator's decision on the following grounds: that if summary judgment was given V would be unable to raise the disputed matters as 'issue estoppel' prevents the same matters being litigated twice; that, if V was ordered to make payment, different proceedings than those before the arbitrator would have to be taken and that accordingly the dispute could not be finally determined by legal proceedings as envisaged by the Housing Grants, Construction and Regeneration Act 1996 s108(3); and finally that the adjudication process contravened Article 6 of the European Convention of Human rights.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
DISPUTE RESOLUTION
ELANAY CONTRACTS LTD V VESTRY
ENFORCEMENT
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
ISSUE ESTOPPEL
THE VESTRY V ELANAY CONTRACTS LTD