ABSTRACT
Currently, the majority of main contracts in Ireland are between state funded authorities and main contractors. The form of main contract in use is unique to Ireland and is blatantly biased in favour of the employer. One of the provisions in that contract requires that the Minister for Finance be provided with a copy of every arbitrator’s award issued under these contracts. This enables the Minister to acquire a unique knowledge of the interpretations put on provisions in the contract by individual arbitrators, which in turn could be used to inform the Minister’s selection of an arbitrator under those contracts. The fact, therefore, that the Minister is to appoint a panel of adjudicators and is to appoint the chair of that panel is somewhat disturbing, given that the state is likely to be directly or indirectly a party to a large percentage of the adjudications that will take place. However, the appointment of Dr Nael Bunni as the Chair is seen by the industry as a step in the right direction and has gone a long way to allay any concerns in this regard.
