000 01924cab a2200253 4500
001 ABS67329
008 040107n2003 000 0 eng u
035 _a(Sirsi) u124739
100 _aRedmond, J.
245 _aKeep it simple, stupid
260 _c2003
490 _aBuilding
_v268(8313) 19 December 2003, 20(1)
520 _aArgues for adjudication rules to be made simpler in the light of "Pegram v Tally Wiejl (UK) Ltd" ([2003] EWCA Civ 1750, [2004] 1 WLR 2082-2097(16). P and T had disagreed over which adjudication rules should apply to settle a final account dispute. P favoured the Scheme for Construction Contracts whilst T maintained that the Construction Industry model arbitration rules should apply. The adjudicator applied the Scheme rules and made an award in favour of P which was upheld by the TCC ([2003] EWHC 984 (TCC), [2003] 3 All ER 98). T appealed. CA overturned the decision on the grounds that, as there was no contract in writing, it was possible that the adjudicator had no jurisdiction. Noted that lawyers who support the efforts of the courts to stop artificial arguments about the enforceability of adjudicators' decisions will reluctantly accept that this decision is correct. Argues for a less restrictive version of adjudication where the right to adjudication should apply in any situation where a contractor is entitled to payment for work done.
590 _aABS
650 _aPEGRAM V TALLY WIEJL (UK) LTD
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aADJUDICATION RULES
650 _aCONSTRUCTION DISPUTES
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
650 _aPAYMENT CLAUSES
650 _aWRITTEN AGREEMENTS
690 _aDISPUTE RESOLUTION
_96236
942 _n0
999 _c74030
_d74030