By Hamish Lal2023-12-01T10:00:00
A new report on statutory adjudication reveals most survey respondents want redacted decisions published and a quarter suspect adjudicator bias
“I rather cavil at the suggestion that construction adjudication is somehow ‘just a part of ADR’. In my view, that damns it with faint praise,” said Lord Justice Coulson in the case of John Doyle Construction Ltd (In Liquidation) vs Erith Contractors Ltd  EWCA Civ 1452,  Bus LR 1837,  WLR(D) 516.
He continued: “In reality, it is the only system of compulsory dispute resolution of which I am aware which requires a decision by a specialist professional within 28 days, backed up by a specialist court enforcement scheme which (subject to jurisdiction and natural justice issues only) provides a judgment within weeks thereafter. It is not an alternative to anything; for most construction disputes, it is the only game in town.” The “only game in town” notion resonates with many in the building, construction and construction law sectors – it is no surprise, then, that many want to know what is exactly what is happening inside adjudication.
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