Archive for December 2017

ENFORCEMENT (1) Overview 7.01 (2) General Principles of Enforcement 7.03 Valid Decisions Should Be Summarily Enforced 7.03 Errors of Fact and/or Law: Answering the Right Question the Wrong Way 7.05 Challenges Based on Excess Jurisdiction or Breach of Natural Justice 7.08 Fraud 7.09 Reservation of Position 7.10 Enforcement of Non-pecuniary . . . Read more

CHALLENGES BASED ON BREACH OF NATURAL JUSTICE (1) Summary of Challenges Based on Breach of Natural Justice 10.01 (2) General Principles of Natural Justice 10.02 Materiality of Breach 10.07 Adjudicators’ Decisions Should Generally Be Enforced 10.10 The Adjudicator’s Conduct Is Key 10.12 Impact of the Human Rights Act 1998 10.13 . . . Read more

JURISDICTIONAL CHALLENGES (1) General Principles 9.01 Source and Nature of the Adjudicator’s Jurisdiction 9.01 Jurisdiction to Consider any Available Defences Raised 9.07 Expanding the Adjudicator’s Jurisdiction During the Adjudication 9.09 Adjudicator’s Investigation of Jurisdiction 9.11 Reservation of Rights 9.14 (2) Matters Giving Rise to Jurisdictional Challenge 9.16 No Jurisdiction at . . . Read more

EFFECT OF AN ADJUDICATOR’S DECISION (1) Overview 6.01 (2) General Effects of an Adjudicator’s Decision 6.02 Private between the Parties 6.03 Temporarily Binding until Final Determination 6.05 Time for Compliance 6.08 Final Determination 6.11 Finality by Agreement 6.16 Contractual Finality Provisions 6.19 Effect of the Decision in Subsequent Adjudications 6.24 . . . Read more

SECTION 108 AND THE RIGHT TO ADJUDICATE (1) Introduction 3.01 Changes Made by the 2009 Act 3.05 (2) Issues Arising Out of s. 108(1) 3.07 Disputes Arising under the Contract 3.10 Side Agreements 3.15 Dispute under More than One Contract 3.16 Identity of Contracting Party 3.20 Contract Formation 3.21 Incorporation . . . Read more

AD HOC REFERENCES AND ADJUDICATIONS OUTSIDE THE ACT (1) Ad Hoc References to Adjudications 5.01 Express Agreements to Confer Jurisdiction 5.07 Implied Agreements to Confer Jurisdiction 5.08 Objecting and Reserving the Right to Object 5.09 No Conferral of Jurisdiction where Continued Jurisdiction Objection 5.14 General Reservations 5.16 Key Cases: Ad . . . Read more

STAYING ENFORCEMENT (1) Introduction 8.01 (2) Stay of Execution of Enforcement Order on Grounds of Impecuniosity 8.05 Insolvency Rules 8.06 Principles of Stay of Execution 8.10 Types of Financial Hardship 8.12 Evidencing the Impecuniosity 8.16 Circumstances in which a Stay Is Unlikely to Be Granted 8.20 Key Cases: Stay of . . . Read more

SECTION 107 AND THE REQUIREMENT FOR WRITING (1) The 1996 Act and the 2009 Act 2.01 Relevance of s. 107 to Contracts with Written Submissions Adjudication Agreements 2.08 (2) Section 107 and the Requirement for Writing 2.09 Section 107(2): What Constitutes an Agreement in Writing? 2.10 What Is Writing? 2.11 . . . Read more

THE STATUTORY SCHEME (1) Introduction 4.01 When Does the Scheme Apply? 4.03 Changes Introduced by the 2009 Act 4.06 (2) Starting the Adjudication: Scheme Paragraph 1 4.09 The Notice of Adjudication 4.09 Key Case: Notice of Adjudication 4.16 A Single Dispute 4.18 Additional Disputes and Additional Parties 4.21 Notice at . . . Read more

CONSTRUCTION CONTRACTS AND CONSTRUCTION OPERATIONS (1) The 1996 and 2009 Acts 1.01 (2) What Is a Construction Contract? 1.03 Contracts Affected by the 1996 Act 1.06 Contracts Affected by the 2009 Act 1.08 Changes to Existing Contracts after Commencement of the Act 1.09 Construction Operations in Qualifying Territory 1.10 Crown . . . Read more