Adjudicator's failure to deal with the issues
Brewer, G
Adjudicator's failure to deal with the issues - 2001 - Contract Journal 409(6337) 25 July 2001, 18(1) .
Considers the issue of whether a failure to decide matters put before the adjudicator may render the decision unenforceable. Examines the case of "Ballast Plc v The Burrell Company (Construction Management) Limited", Outer House Court of Session, 21 June 2001 where the adjudicator considered that the problems raised over the informality of the bespoke form of contract rendered the dispute incapable of being decided by adjudication. The implication is that adjudicators must decide the matters referred to them otherwise their decision my be rendered unenforceable.
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LIMITED
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ADJUDICATION PROCEDURE
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
ADJUDICATION RULES
Adjudicator's failure to deal with the issues - 2001 - Contract Journal 409(6337) 25 July 2001, 18(1) .
Considers the issue of whether a failure to decide matters put before the adjudicator may render the decision unenforceable. Examines the case of "Ballast Plc v The Burrell Company (Construction Management) Limited", Outer House Court of Session, 21 June 2001 where the adjudicator considered that the problems raised over the informality of the bespoke form of contract rendered the dispute incapable of being decided by adjudication. The implication is that adjudicators must decide the matters referred to them otherwise their decision my be rendered unenforceable.
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LIMITED
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ADJUDICATION PROCEDURE
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
ADJUDICATION RULES