Tag Archives: construction

Enforcing dispute adjudication board decisions

We reported earlier this year on a spate of recent court decisions in different jurisdictions giving support for the use of dispute adjudication boards (DABs). DABs can provide an effective means for parties to obtain interim binding decisions on disputes pending … Continue reading

Leave a Comment

Filed under Asia, Construction

UK: Supreme Court clarifies time limits for court proceedings following adjudication

We previously reported (here) on the Court of Appeal’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, considering an important issue regarding the limitation periods applying in a situation where a party makes a payment pursuant to an adjudication decision and … Continue reading

Leave a Comment

Filed under Adjudication, Construction, UK

Upcoming webinar – Making the best use of Dispute Boards

We have previously reported (here) on a recent spate of court decisions in several jurisdictions which examined contractual clauses providing for the use of Dispute Boards as a dispute resolution procedure. On Thursday 12 March 2015, at 9.00am (GMT), Mark Lloyd-Williams and David … Continue reading

Leave a Comment

Filed under Adjudication, Construction, Herbert Smith Freehills news

UK: Adjudicator’s decision not enforced due to a party’s misrepresentations in the appointment process

In a landmark decision, the Technology and Construction Court has refused to enforce an adjudicator's decision because the adjudicator had been invalidly appointed, due to misrepresentation by one party on its application to the appointing body.  The decision is a clear warning to … Continue reading

Leave a Comment

Filed under Adjudication, Construction, UK

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 decision and subsequently seeks to recover that payment through court proceedings.   Under the relevant statute of limitations, any such … Continue reading

1 Comment

Filed under Adjudication, Construction, UK

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 dispute resolution in the construction industry.  The decision addresses for the first time in the … Continue reading

Leave a Comment

Filed under Adjudication, UK

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 obviously unfair[1].  Whilst the courts have deplored attempts to comb through adjudicators’ reasons … Continue reading

Leave a Comment

Filed under Adjudication, UK