Geoff Brewer of Brewer Consulting considers the question of jurisdiction in adjudication
Brewer, G
Geoff Brewer of Brewer Consulting considers the question of jurisdiction in adjudication - 2002 - Contract Journal 413(6373) 17 April 2002, 22(1) .
Referring to "Chamberlain Carpentry and Joinery Limited v Alfred McAlpine Construction Limited", examines issue of setting adjudicators jurisdiction by reference to notice of adjudication. Claimant(C) was awarded costs after dispute with defendant (A), and although A appealed, appeal was found groundless as notice of intention to adjudicate was found to be sufficiently clear that adjudicator had power to order payment from one party to other, not just power to make declaratory decision as to amounts owing. Concludes that notice to adjudicate is important document to support adjudication process.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
JURISDICTION
CHAMBERLAIN CARPENTRY AND JOINERY V ALFRED MCALPINE CONSTRUCTION
INVESTORS COMPENSATION SCHEME LTD V WEST BROMWICH BUILDING SOCIETY
Geoff Brewer of Brewer Consulting considers the question of jurisdiction in adjudication - 2002 - Contract Journal 413(6373) 17 April 2002, 22(1) .
Referring to "Chamberlain Carpentry and Joinery Limited v Alfred McAlpine Construction Limited", examines issue of setting adjudicators jurisdiction by reference to notice of adjudication. Claimant(C) was awarded costs after dispute with defendant (A), and although A appealed, appeal was found groundless as notice of intention to adjudicate was found to be sufficiently clear that adjudicator had power to order payment from one party to other, not just power to make declaratory decision as to amounts owing. Concludes that notice to adjudicate is important document to support adjudication process.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
JURISDICTION
CHAMBERLAIN CARPENTRY AND JOINERY V ALFRED MCALPINE CONSTRUCTION
INVESTORS COMPENSATION SCHEME LTD V WEST BROMWICH BUILDING SOCIETY