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UK: Court of Appeal clarifies time limits for claiming repayment in adjudication
A recent Court of Appeal decision has clarified an important issue regarding the situation where a party makes a payment pursuant to an adjudication …
UK: Collateral warranties in construction projects may attract statutory adjudication rights
The UK Technology and Construction Court has recently delivered a judgment that has the potential to increase the use of adjudication as a means of …
Natural justice in adjudication
It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is …
CIArb launches specialist property disputes service in the UK
The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK. This service builds upon …
UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice
The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not …
Scotland: Court of Session refuses to enforce adjudicator's award on human rights grounds
In an unexpected judgment, the Scottish courts have refused to enforce an adjudicator's decision on the grounds that to do so would be an unjustified …
UK adjudication: Construction Act "Residential Occupier" exception considered by High Court
The "residential occupier" exception to the compulsory adjudication provisions in section 106 of the Housing Grants, Construction and Regeneration …
UK adjudication: first case of 2013 on natural justice
The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and …
UK: adjudicator allowed to rule on his own jurisdiction
If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for …
UK High Court reviews temporary binding effect of adjudicator's decision
A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or …
UK: further case on enforcement and severability of adjudicator's decision
In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction [2012] EWHC 1039 …
UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice
The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd [2012] EWCA Civ 1371 has held that where an adjudicator produces a …
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