Challenging juridiction in adjudication proceedings
Tweeddale, A.
Challenging juridiction in adjudication proceedings - 2001 - Construction Law Journal 17(1) 2001, 3-13(11) .
Examines the grounds on which a party may challenge the jurisdiction of an adjudicator: where there is no dispute; where more than one dispute has be referred to adjudication; where the dispute does not arise under the contract; and where the earlier decision of another adjudicator is revisited. Also considers the possibility of challenging a decision on the basis of a breach of natural justice or the impecuniosity of the successful party. Warns that getting an adjudicator's decision overturned is a difficult process as the courts are frequently reluctant to do so despite the fact that, as adjudication often produces rough justice, the number of applications made is likely to increase. References and case law.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
CONSTRUCTION INDUSTRY
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
JURISDICTION
MACOB CIVIL ENGINEERING LTD V MORRISON CONSTRUCTION LTD
BOUYGUES UK LTD V DAHL-JENSEN UK LTD
SHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD
FASTRACK CONTRACTORS V MORRISON CONSTRUCTION
SOS FOREIGN AND COMMONWEALTH AFFAIRS V PERCY THOMAS PARTNERSHIP
Challenging juridiction in adjudication proceedings - 2001 - Construction Law Journal 17(1) 2001, 3-13(11) .
Examines the grounds on which a party may challenge the jurisdiction of an adjudicator: where there is no dispute; where more than one dispute has be referred to adjudication; where the dispute does not arise under the contract; and where the earlier decision of another adjudicator is revisited. Also considers the possibility of challenging a decision on the basis of a breach of natural justice or the impecuniosity of the successful party. Warns that getting an adjudicator's decision overturned is a difficult process as the courts are frequently reluctant to do so despite the fact that, as adjudication often produces rough justice, the number of applications made is likely to increase. References and case law.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
CONSTRUCTION INDUSTRY
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
JURISDICTION
MACOB CIVIL ENGINEERING LTD V MORRISON CONSTRUCTION LTD
BOUYGUES UK LTD V DAHL-JENSEN UK LTD
SHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD
FASTRACK CONTRACTORS V MORRISON CONSTRUCTION
SOS FOREIGN AND COMMONWEALTH AFFAIRS V PERCY THOMAS PARTNERSHIP