Do the best you can

Redmond, J.

Do the best you can - 2002 - Building 267(8258) 8 November 2002, 5(1) .

Examines the options open to adjudicators when there is no time to review the evidence. Argues that few adjudications fit the pattern orginally envisaged by Sir Michael Latham and the old habit of simply getting on with the case has continued. The result is often that many disputes are left over for negotiation at the final account. Outlines an option from "Balfour Beatty Construction Ltd v Lambeth LBC" which recommends that the adjudicator should decline to make a decision and resign in the case of parties not wishing to extend the time sufficiently. Recommends that the adjudicator should give each party a proper chance to explain its case and then make a decision.


MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC
DISPUTE
ARBITRATORS