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10 HONG KONG

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

9 GERMANY

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

1 INTRODUCTION AND ORGANISATION

Chapter 1Introduction and organisation Introduction The United Kingdom Australia: The East and West Coast models Other Commonwealth jurisdictions Civil law and mixed jurisdictions Contractual régimes and published rules Introduction “‘Where shall I begin, please your Majesty?’ he asked. ‘Begin at the beginning,’ the King said, gravely, and go on till . . . Read more

8 FÉDÉRATION INTERNATIONAL DES INGÉNIEURS-CONSEILS (FIDIC) DISPUTE BOARD RULES

Chapter 8Fédération International des Ingénieurs-Conseils (FIDIC) Dispute Board Rules Introduction FIDIC adjudication provisions Claims Appointment of the DAB Dispute avoidance Referral of the dispute Procedure and conduct of the adjudication Procedures after the decision has been issued Rules Enforcement Amendments to the FIDIC adjudication procedure FIDIC and statutory adjudication Is . . . Read more

4 AUSTRALIA: THE EAST COAST MODEL (VICTORIA, TASMANIA, THE AUSTRALIAN CAPITAL TERRITORY AND SOUTH AUSTRALIA)

Chapter 4Australia: The East Coast model (Victoria, Tasmania, the Australian Capital Territory and South Australia) Introduction A. Victoria (Vic) Reference dates Excluded amounts Claimable variations New reasons Adjudication review Other key differences Regulations of ANAs and adjudicators The ambit of judicial review Legal principles Remittal of invalid determinations Severance of . . . Read more

7 CHARTERED INSTITUTE OF ARBITRATORS’ DISPUTE BOARD RULES

Chapter 7Chartered Institute of Arbitrators’ Dispute Board Rules Introduction Dispute boards in context Types of dispute boards Dispute resolution boards (DRBs) Dispute adjudication boards (DABs) Combined dispute boards (CDBs) The major forms of DB rules compared and contrasted Fédération Internationale Des Ingénieurs-Conseils (FIDIC) (The International Federation of Consulting Engineers) The . . . Read more

2 ENGLAND AND WALES

Chapter 2England and Wales Introduction Reform of the HGCRA When can parties adjudicate a dispute? Conduct of an adjudication Common tactics Large, or complex, disputes Resisting enforcement of an adjudicator’s decision Jurisdiction Natural justice Methods of enforcement Other wrinkles The general policy approach Adjudication costs Introduction “…but with fairness to . . . Read more

6 AUSTRALIA: THE WEST COAST MODEL

Chapter 6Australia: The West Coast model Introduction A. Western Australia (WA) The purpose of the WA Act Application of the WA Act Statutory mechanism Adjudication process Adjudicator’s powers Adjudicator’s duty to dismiss Adjudicator’s determination Regulation of adjudicators and prescribed appointers Immunity of adjudicators and appointers Limited rights of review Ambit . . . Read more

5 AUSTRALIA: THE EAST COAST MODEL (QUEENSLAND)

Chapter 5Australia: The East Coast model (Queensland) Introduction 2014 reform The object of the BCIPA Business days Application of the amended BCIPA Dual adjudication scheme Appointment and regulation of adjudicators Administration of adjudicators’ registration Adjudicators’ fees Immunity of adjudicators Adjudicator’s jurisdiction Ambit of judicial review Legal principles Natural justice Good . . . Read more