We all know that adjudicators are allowed to get it wrong, providing that the question they answer incorrectly is the right one. However, this is of little comfort to a party who is on the receiving end of a decision that is wrong, either factually or legally.
Articles
Articles in the 2010/September Newsletter
Displaying 6 itemsThe subject closest to the heart of most adjudicators, i.e. payment of their fees, has not featured for a while so it seems to me time to put that right, particularly considering my recent experience in a challenging case.
In Yuanda (UK) Co. Ltd -v- WW Gear Construction Ltd [2010] EWHC 720 (TCC), Mr Justice Edwards-Stuart has delivered an important new ruling, possibly one of the most significant decisions in construction law of 2010 so far.
Challenges to an Adjudicator's jurisdiction have been par for the course since the introduction of Adjudication. Some Respondents make challenges systematically in case they can find an argument to resist enforcement. The Courts, however, remain reluctant to uphold such challenges.
As is often the case, this Newsletter has two distinct sections – the first providing guidance for those who act for the parties in adjudications and the second providing guidance for those occupying the decision making hot seat itself.