ABSTRACT

This chapter presents an analysis of the Adjudication process and the bases upon which an Adjudicator's decision can be challenged. Practically, the majority of disputes are now settled at Adjudication in the UK including complex issues. In the latter instance an increasing use of lawyers has meant that it has almost become fast track Arbitration for the more complex issues. The principal purpose of the Notice of Adjudication is to inform the Adjudication Nominating Body of the nature of the experience and expertise that the Adjudicator should have. If the contract does not even specify a Nominating Body then the Claimant is free to choose whichever body he thinks has the most relevance to his dispute. The Law and Adjudicators frown on ambush tactics and the Defendant will be allowed adequate time to reply, but this will be viewed in context of the Scheme for Contracts and will not be generous.