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ARTICLE · 11 MAY 2006

Adjudication Round-up: Key Decisions and Developments 2004-2006

Keating Chambers
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This article covers the following issues: Adjudication Round-up: key decisions and developments 2004-2006; Areas of challenge of adjudication decisions: jurisdiction; Areas of challenge of adjudication decisions: natural justice.

United KingdomReal Estate and Construction
Abdul-Lateef Jinadu BA, LLM (Cantab) Barrister
Abdul-Lateef Jinadu BA, LLM (Cantab) Barrister

INTRODUCTION

  • This paper covers the following issues:

    • I: Adjudication Round-up: key decisions and developments 2004-2006.

    1. Areas of challenge of adjudication decisions: jurisdiction.

    2. Areas of challenge of adjudication decisions: natural justice.

    II: Focus on special topics in adjudication.

    1. Proactive Adjudicators – the extent to which adjudicators can take the initiative in procedure.

    2. Confidentiality and disclosure in adjudication proceedings.

    I. Challenge Of Adjudicator’s Decisions - Jurisdiction

  • There have been recent cases in relation to two aspects of the jurisdiction of adjudicators:

    1. The existence of a dispute
    2. Whether a contract is in writing within the meaning of the Housing Grants etc. Act 1996

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