000 01736cam a2200265 4500
001 ABS63510
008 000000n2001 000 0 eng u
035 _a(Sirsi) u110518
100 _aBrewer, G.
245 _aDoes the adjudicator really have the final say?
260 _c2001
490 _aContract Journal
_v406(6309) 10 January 2001, 20(1)
520 _aConsiders "Elanay Contracts Ltd v The Vestry" a recent case where it was argued that the Court should resist enforcing the adjudicator's decision on the following grounds: that if summary judgment was given V would be unable to raise the disputed matters as 'issue estoppel' prevents the same matters being litigated twice; that, if V was ordered to make payment, different proceedings than those before the arbitrator would have to be taken and that accordingly the dispute could not be finally determined by legal proceedings as envisaged by the Housing Grants, Construction and Regeneration Act 1996 s108(3); and finally that the adjudication process contravened Article 6 of the European Convention of Human rights.
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aDISPUTE RESOLUTION
_96236
650 _aELANAY CONTRACTS LTD V VESTRY
650 _aENFORCEMENT
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650 _aHOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
650 _aISSUE ESTOPPEL
650 _aTHE VESTRY V ELANAY CONTRACTS LTD
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 _n0
999 _c65877
_d65877