Hands off our law
Helps, D
Hands off our law - 2002 - Building 167(8233) 10 May 2002 49(1) .
Discusses the recent trend for judges to disparage the use of arbitration in the settlement of disputes, even overturning arbitrators' decisions on appeal. Argues that it is up to parliament and the construction industry to decide how adjudication can and should be used in practice, not the judiciary. Refers to cases such as RG Carter v Edmund Nuttall where the judge produced a definition of dispute that is causing considerable problems for both adjudicators and parties.
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-ADJUDICATORS
RG CARTER V EDMUND NUTTALL
BALFOUR BEATTY CONSTRUCTION V LAMBETH B C
MACOB CIVIL ENGINEERING LTD V MORRISON CONSTRUCTION LTD
Hands off our law - 2002 - Building 167(8233) 10 May 2002 49(1) .
Discusses the recent trend for judges to disparage the use of arbitration in the settlement of disputes, even overturning arbitrators' decisions on appeal. Argues that it is up to parliament and the construction industry to decide how adjudication can and should be used in practice, not the judiciary. Refers to cases such as RG Carter v Edmund Nuttall where the judge produced a definition of dispute that is causing considerable problems for both adjudicators and parties.
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-ADJUDICATORS
RG CARTER V EDMUND NUTTALL
BALFOUR BEATTY CONSTRUCTION V LAMBETH B C
MACOB CIVIL ENGINEERING LTD V MORRISON CONSTRUCTION LTD