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Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute
In Clarke v JMD [2012] EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the …
Scottish court reviews the applicability of natural justice to an adjudicator's decision
An adjudicator's decision will only rarely be challengeable on the ground of inadequate reasons. It would have to be shown that the reasons were so …
Recent judgments confirm set off 'exceptional' in relation to adjudicators' decisions
In Beck v Classic [2012] EWHC 1956 (TCC) and Squibb v Vertase [2012] EWHC 1958 the English High Court has ruled that adjudicators' …
Crystallisation of disputes and severability/part-enforcement of adjudicator's decision
The TCC has held in Beck v UK Flooring [2012] EWHC 1808 (TCC) that a dispute cannot crystallise until a claim is not …
WW Gear v McGee: Court rules on declarations sought during adjudication
The case of W W Gear v McGee [2012] EWHC 1509 (TCC) related to a declaration sought by the employer under a JCT trade …
Adjudicator answers correct question so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC
Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, …
Scottish Courts re-examine the scope of adjudicator's decision
In the 2010 case of WH Malcolm v AMEC [2010] CSOH152, the Scottish Outer House Court of Session returned to an often-raised subject, namely the scope of …
TCC revisits adjudicator's jurisdiction in Aedifice v Shah [2010]
In the recent case of Aedifice Partnership v Shah [2010] EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC) had to …
Validity of provision requiring one party to bear the costs of adjudication
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a …
Court refuses to enforce adjudicator's decision in Pilon v Breyer [2010]
In Pilon Limited v Breyer Group Plc [2010] EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous …
Court rules that mediation and adjudication can run concurrently
In Ericsson AB v EADS Defence & Security Systems Ltd [2009] EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make …
Showing 35 out of 35 results