Playing for both sides
Bingham, T.
Playing for both sides - 2001 - Building 266(8172) 9 March 2001, 56-57(2) .
Considers the ruling in "Glencot Developments & Design Co Ltd v Ben Barrett & Son (Contractors) Ltd", and the lessons it has for adjudicators. The case involved an adjudicator who was asked by the two parties involved to become a mediator, and then returned to his role of adjudicator. The Construction Act requires an adjudicator to act impartially. The judge concluded that the adjudicator's state of mind was irrelevant, and that it was possible to argue he had compromised his impartiality by his actions. The former considered the part of the dispute that might be affected by bias and made a conditional order for the other parts in favour of Glencot.
MEDIATORS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
GLENCOT DEVELOPMENT AND DESIGN CO LTD V BEN BARRETT AND SON (CONTRACTORS) LTD
IMPARTIALITY
ALTERNATIVE DISPUTE RESOLUTION
Playing for both sides - 2001 - Building 266(8172) 9 March 2001, 56-57(2) .
Considers the ruling in "Glencot Developments & Design Co Ltd v Ben Barrett & Son (Contractors) Ltd", and the lessons it has for adjudicators. The case involved an adjudicator who was asked by the two parties involved to become a mediator, and then returned to his role of adjudicator. The Construction Act requires an adjudicator to act impartially. The judge concluded that the adjudicator's state of mind was irrelevant, and that it was possible to argue he had compromised his impartiality by his actions. The former considered the part of the dispute that might be affected by bias and made a conditional order for the other parts in favour of Glencot.
MEDIATORS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
GLENCOT DEVELOPMENT AND DESIGN CO LTD V BEN BARRETT AND SON (CONTRACTORS) LTD
IMPARTIALITY
ALTERNATIVE DISPUTE RESOLUTION