Confidentiality In Construction Adjudication

Other than providing a speedy dispute resolution mechanism, the Construction Industry Payment and Adjudication Act 2012 ("CIPAA 2012") offers another feature – confidentiality. This makes adjudication attractive to parties who desire to resolve their construction disputes quickly and quietly.

Section 20 of CIPAA 2012 expressly provides that construction adjudication proceedings shall be confidential, although with limitations and exceptions. There are similar provisions for confidentiality in adjudication proceedings in the United Kingdom¹, New Zealand², Victoria (Australia)³ and Singapore⁴. This article provides an overview of the confidentiality provision under CIPAA 2012 and the extent to which it applies.