All or nothing
Bessey, J.
All or nothing - 2002 - Building 267 (8214) 1 March 2002, 50(1) .
Examines a recent court ruling, Shimiz Europe Ltd v Automajor Ltd. Plaintiff challenged the adjudicator's decision on the grounds that he ordered payment in areas where he had no jurisdiction. The court disagreed and also revealed a reluctance for the 'unpicking and re-sewing' of the adjudicator's decision. Concludes that the decision of an adjudicator must be challenged in its entirety or not at all.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
SHIMIZU EUROPE LTD V AUTOMAJOR LTD 2002
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
COURT RULING
All or nothing - 2002 - Building 267 (8214) 1 March 2002, 50(1) .
Examines a recent court ruling, Shimiz Europe Ltd v Automajor Ltd. Plaintiff challenged the adjudicator's decision on the grounds that he ordered payment in areas where he had no jurisdiction. The court disagreed and also revealed a reluctance for the 'unpicking and re-sewing' of the adjudicator's decision. Concludes that the decision of an adjudicator must be challenged in its entirety or not at all.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
SHIMIZU EUROPE LTD V AUTOMAJOR LTD 2002
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
COURT RULING