Bowsher's helping hand
Redmond, J
Bowsher's helping hand - 2001 - Building 266(8184) 11 May 2001, 45(1) .
Contests that Judge Bowsher's ruling in "Discain Project Services v Opecprime Development Ltd" has clarified issues for adjudicators rather than making matters more complex; adjudicators are entitled to do what is required to reach a decision within 28 days, but should ensure they do not appear to be biased. Provides an overview of the case which addressed the issue of telephone calls between the adjudicator and Discain. Bowsher's judgment cleared the adjudicator emphasising there was only perceived bias, not actual bias, and provided useful advice for the conduct of adjudicators in similar situations.
DISCAIN PROJECT SERVICES LTD V OPECPRIME DEVELOPMENT LTD
TELEPHONE
COMMUNICATION
IMPARTIALITY
BIAS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Bowsher's helping hand - 2001 - Building 266(8184) 11 May 2001, 45(1) .
Contests that Judge Bowsher's ruling in "Discain Project Services v Opecprime Development Ltd" has clarified issues for adjudicators rather than making matters more complex; adjudicators are entitled to do what is required to reach a decision within 28 days, but should ensure they do not appear to be biased. Provides an overview of the case which addressed the issue of telephone calls between the adjudicator and Discain. Bowsher's judgment cleared the adjudicator emphasising there was only perceived bias, not actual bias, and provided useful advice for the conduct of adjudicators in similar situations.
DISCAIN PROJECT SERVICES LTD V OPECPRIME DEVELOPMENT LTD
TELEPHONE
COMMUNICATION
IMPARTIALITY
BIAS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION