MDA Law
Construction dispute resolution procedures should be properly regulated
James Pickavance, a Partner in litigation at Eversheds LLP – Solicitors in London, recently published an interesting article, titled “THE REGULATION OF MISCONDUCT IN ADJUDICATION AND ARBITRATION”.
This article confirmed that arbitration is still the dominant method for resolving large scale disputes in the construction industry all over the world, however the use and provision of adjudication as the first tier dispute resolution procedure, stipulated in almost all new published standard form construction contracts, has brought some growth in popularity for adjudication.
The article further shines light on the importance of a well regulated arbitration or adjudication procedure. Whether you are pursuing to resolve your disputes by either adjudication or arbitration or by any other means, it is important and advisable to seek the necessary assistance, advice and expertise from someone who knows the process and who has knowledge and practical experience with regards to the various standard form construction contracts. Any dispute procedure should be properly regulated and this should be confirmed and brought to everyone’s attention well before any dispute proceedings commence. Thus, before you commence, all parties concerned should consult and agree as to the procedure, the rules and the rights and obligations of each party to the dispute. These rules and procedures can be recorded in an agreement (whether its an Adjudication Agreement and/or an Arbitration Agreement), for all parties to agree and sign. In most cases, only after such agreement is agreed to and signed by all parties, the dispute resolution process will take effect.
By having such agreement in place, which provides each parties’ rights and obligations and further sets out the procedural rules, it will be easy to regulate the dispute process and you will be aware of the steps to take in the event there is any misconduct or failure by a party to comply with the agreement. This will include any party to the proceedings, either the contractor, the employer or the Adjudicator and the Arbitrator in event proceedings are not conducted as prescribed.
See link below for full article:
https://www.scl.org.uk/papers/regulation-misconduct-adjudication-arbitration
Author: Barry Herholdt, Senior Associate
