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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
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
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
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
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
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
Chapter 10Hong Kong Introduction Scope Requirements concerning payment clauses Statutory payment claim procedure Implied payment provisions Statutory adjudication Enforcement Review of adjudication decisions Taking account of payments made under an adjudication Right to suspend Use of statutory adjudication Introduction “When Milton Friedman asked [Sir John Jones Cowperthwaite] about the ‘paucity . . . Read more
Chapter 9Germany Introduction Adjudication: Recent developments in Germany DIS Rules on Adjudication and Expert Determination DIS Rules on Adjudication DAB as a standing board during the project Basic elements of the DAB disputes procedure under the DIS Rules Effect of the DAB decision Declaration of non-recognition Enforcement of a DAB . . . Read more