Foresight sagas
Bessey, J.
Foresight sagas - 2002 - Building 267(8244) 26 July 2002, 50(1) .
Discusses the recent decision in the Technology & Construction Court in the case of JT Mackley & Company Limited v Gosport Marina Limited. Here a notice of arbitration was declared invalid because the party serving it had not used a procedure under the contract that required a notice of dispute to be served first on the engineer. Concludes that it is often not always simple to challenge an adjudication decision through arbitration and the need for good decision making by adjudicators in the first instance it is important to avoid the need to arbitrate.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
J T MACKLEY AND CO LTD V GOSPORT MARINA LTD
ICE CONDITIONS
NOTICE OF DISPUTE
Foresight sagas - 2002 - Building 267(8244) 26 July 2002, 50(1) .
Discusses the recent decision in the Technology & Construction Court in the case of JT Mackley & Company Limited v Gosport Marina Limited. Here a notice of arbitration was declared invalid because the party serving it had not used a procedure under the contract that required a notice of dispute to be served first on the engineer. Concludes that it is often not always simple to challenge an adjudication decision through arbitration and the need for good decision making by adjudicators in the first instance it is important to avoid the need to arbitrate.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
J T MACKLEY AND CO LTD V GOSPORT MARINA LTD
ICE CONDITIONS
NOTICE OF DISPUTE