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 arbitration. Indeed, the UK Construction Act provides that adjudicator’s decisions are binding on the parties until the dispute is finally determined by other proceedings or agreement. This precludes subsequent decisions … Read more

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 and Beck v UK Flooring [2012] EWHC 1808 (TCC)) the English High Court has ruled that an adjudicator’s decision can be enforced in part only, severing the part reached without jurisdiction. However, where (as here) only one issue is decided by the adjudicator, severance will only … Read more

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 adjudicator’s finding. As such, the adjudicator had no jurisdiction to make a decision. The judgment raises interesting issues regarding ad hoc adjudications and the conduct required to constitute submission to the jurisdiction … Read more

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 contract concerning claims for direct loss and/or expense resulting from a variation.  The court held that it would not be appropriate to make a declaration in this case since the employer had sought the declaration … Read more