Tag: enforcement
Showing 36 out of 37 results
UK High Court reviews whether a company can be wound up for failure to comply with adjudication award
In a judgment only recently published via the Building Law Reports, the High Court has ruled that a winding up procedure applicable to companies …
UK adjudication: first case of 2013 on natural justice
The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and …
UK High Court reviews temporary binding effect of adjudicator's decision
A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or …
UK: further case on enforcement and severability of adjudicator's decision
In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction [2012] EWHC 1039 …
UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice
The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd [2012] EWCA Civ 1371 has held that where an adjudicator produces a …
Scottish court reviews the applicability of natural justice to an adjudicator's decision
An adjudicator's decision will only rarely be challengeable on the ground of inadequate reasons. It would have to be shown that the reasons were so …
Recent judgments confirm set off 'exceptional' in relation to adjudicators' decisions
In Beck v Classic [2012] EWHC 1956 (TCC) and Squibb v Vertase [2012] EWHC 1958 the English High Court has ruled that adjudicators' …
Crystallisation of disputes and severability/part-enforcement of adjudicator's decision
The TCC has held in Beck v UK Flooring [2012] EWHC 1808 (TCC) that a dispute cannot crystallise until a claim is not …
Challenges to the enforcement of Dispute Board decisions in Asia
The use of Dispute Boards is becoming increasingly common on large and complex projects across the Asia Pacific region. In many cases, Dispute …
Court of Appeal finds mediation clause in insurance contract did not give rise to a binding obligation
In Sulamerica CIA Nacional de Seugros S.A. v Enesa Enenharia S.A. [2012] EWCA Civ 638 the English Court of Appeal was asked …
Adjudicator answers correct question so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC
Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, …
Validity of provision requiring one party to bear the costs of adjudication
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a …
Showing 36 out of 37 results
View more