Adjudicator's failure to deal with the issues
Series: Contract Journal ; 409(6337) 25 July 2001, 18(1)Publication details: 2001Subject(s):- BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LIMITED
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
- ADJUDICATION PROCEDURE
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
- ADJUDICATION RULES
- Dispute resolution
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64363 (Browse shelf(Opens below)) | 1 | Available | 114087-1001 |
Considers the issue of whether a failure to decide matters put before the adjudicator may render the decision unenforceable. Examines the case of "Ballast Plc v The Burrell Company (Construction Management) Limited", Outer House Court of Session, 21 June 2001 where the adjudicator considered that the problems raised over the informality of the bespoke form of contract rendered the dispute incapable of being decided by adjudication. The implication is that adjudicators must decide the matters referred to them otherwise their decision my be rendered unenforceable.