Avoiding payment of an adjudicator's decision
Mort, J
Avoiding payment of an adjudicator's decision - 2001 - New Law Journal 151(7011) 7 December 2001, 1821-1822(2) .
Discusses the issue of paying parties in arbitration cases trying to avoid the enforcement of the adjudicator's decision, with particular reference to the cases "VHE Construction v RBSTB Trust" and "McLean Contractors v Swansea Housing Association" which gave conflicting judgments on this issue. Concludes that the differences can be reconciled by viewing the role of the adjudicator; in the VHE case he acts more as a arbitrator or a judge while in McLeans he is more a contract administrator.
VHE CONSTRUCTION PLC V RBSTB TRUST CO LTD
MCLEAN CONTRACTORS V SWANSEA HOUSING ASSOCIATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONTRACT DISPUTES
Avoiding payment of an adjudicator's decision - 2001 - New Law Journal 151(7011) 7 December 2001, 1821-1822(2) .
Discusses the issue of paying parties in arbitration cases trying to avoid the enforcement of the adjudicator's decision, with particular reference to the cases "VHE Construction v RBSTB Trust" and "McLean Contractors v Swansea Housing Association" which gave conflicting judgments on this issue. Concludes that the differences can be reconciled by viewing the role of the adjudicator; in the VHE case he acts more as a arbitrator or a judge while in McLeans he is more a contract administrator.
VHE CONSTRUCTION PLC V RBSTB TRUST CO LTD
MCLEAN CONTRACTORS V SWANSEA HOUSING ASSOCIATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONTRACT DISPUTES