000 01642cam a2200217 4500
001 ABS64525
008 010928n2001 000 0 eng u
035 _a(Sirsi) u114912
100 _aBrewer, G.
245 _aProcedural errors by adjudicators
260 _c2001
490 _aContract Journal
_v410(6346) 26 September 2001, 23(1)
520 _aObserves that, since the introduction of adjudication under the Construction Act 1996, it has become increasingly clear that adjudicators need to be highly skilled in conducting the proceedings put before them. The parties have become ever more alert to the opportunities and pitfalls presented by the payment provisions of the Act. Similarly, lawyers have devised arguments of increasing subtlety to resist the enforcement of adjudicators' decisions. Illustrates these points through discussion of the decision of the Outer House of the Court of Session in Scotland in two cases between Barr and Law Mining. The implication of the court's ruling is that procedural errors by the adjudicator, in respect of the crystallisation of the matters in dispute, may give rise to an error in jurisdiction. This will render all, or part of, the decision unenforceable.
590 _aABS
650 _aBARR LTD V LAW MINING LTD
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650 _aPROCEDURAL ERROR
690 _aDispute resolution
_96236
942 _n0
999 _c68422
_d68422