Share on LinkedInShare on LinkedIn

ARTICLE · 20 AUGUST 2019

Using Part 8 Can Be Used To Challenge A Wrong Adjudicator's Decision: But Care (And Speed) Needed

Dentons
Dentons
Contributor
Dentons

Dentons

The Firm Across over 80 countries, Dentons helps you grow, protect, operate and finance your...

View firm profile
Explore more from Dentons

It can be tempting for a "losing" party in adjudication to defend itself against the winner's enforcement proceedings by arguing that the adjudicator got it wrong.

United KingdomReal Estate and Construction

It can be tempting for a "losing" party in adjudication to defend itself against the winner's enforcement proceedings by arguing that the adjudicator got it wrong. Hard as it is to ignore apparent errors, such parties must remember that adjudicators' decisions - even if wrong - are binding until a court or arbitrator gives a final decision. In the meantime, the losing party must live with the decision and pay up – or face enforcement and additional costs.

Adjudication is founded on the "pay now, argue later" "principle" under which an adjudicator's decision will be enforced (even if wrong) unless the adjudicator exceeded its jurisdiction or acted in breach of natural justice. In essence, a quick answer is more valuable than the right answer: adjudication is a quick and interim solution.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from