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Archive for September 2017

20 UNITED STATES OF AMERICA

Chapter 20United States of America Introduction The American Institute of Architects (AIA) A201–2007: Provisions, weaknesses and possible improvement The Initial Decision Maker (IDM) The procedure relating to claims The scope of the IDM’s jurisdiction The initial decision Enforcement Additional remarks Mediation Arbitration Consolidation The involvement of the American Arbitration Association . . . Read more

19 SOUTH AFRICA

Chapter 19South Africa Introduction Contractual provisions prescribing adjudication The Principal Building Agreement Enforcement of adjudicators’ decisions The institutional and legislative framework for adjudication Towards statutory adjudication: The Prompt Payment and Adjudication Regulation Conclusion Introduction “Adjudication has found acceptance in the SA construction industry”,1 but “still has some way to go . . . Read more

17 SCOTLAND

Chapter 17Scotland Introduction A brief history Statutory adjudication “Smash and grab” adjudications Immunity for adjudicators Enforcement of adjudication decisions in the Scottish courts Lack of jurisdiction (ultra vires) Confusing decisions Legal advice Adjudicator’s own knowledge Abuse of process Importing the Scheme The statutory Scheme for Scotland (as well as for . . . Read more

15 NEW ZEALAND

Chapter 15New Zealand Introduction The “leaky building” epidemic: New Zealand Weathertight Homes Resolution Services Acts 2002 and 2006 Adjudication under the Construction Contracts Act 2002 Statutory revisions Adjudication under the Weathertight Homes Resolution Services Act 2006 Introduction “It is impossible to tell how many times provisions of the Construction Contracts . . . Read more

16 NORTHERN IRELAND

Chapter 16Northern Ireland Introduction Enforcement Writ of summons Application for summary judgment Hearing Costs Taxation Enforcement Declaratory relief Court decisions No construction contract No dispute Setting off against adjudicators’ decisions Financial difficulty of paying party Insufficient time in which to respond Abuse of process Introduction “I said it in Hebrew . . . Read more

14 MAURITIUS

Chapter 14Mauritius Introduction Disputes Dispute avoidance Mauritian statutory adjudication in the construction industry Introduction “‘Then you should say what you mean’, the March Hare went on. ‘I do,’ Alice hastily replied; ‘at least – at least I mean what I say – that’s the same thing, you know’.”1 14.1 Mauritius . . . Read more

12 IRELAND

Chapter 12Ireland The Irish legal system The Constitution of Ireland Dispute resolution in Ireland Conciliation in Ireland Adjudication in Ireland Construction Contracts Act 2013: Some problems anticipated in practice Opportunities to frustrate payment Employer can raise any defence Suspension of work Adjudication in the United Kingdom involves rough justice Implications . . . Read more

11 INTERNATIONAL CHAMBER OF COMMERCE DISPUTE BOARD RULES

Chapter 11International Chamber of Commerce Dispute Board Rules Dispute resolution “road map” Fédération Internationale des Ingénieurs-Conseils (FIDIC) Key dates International Chamber of Commerce, International Court of Arbitration ICC Dispute Board Rules (DB Rules) Model documents Appointment of DB How DBs operate Powers of the DB Obligation to co-operate Services provided . . . Read more