Who will choose the adjudicators?
Article Abstract:
The New Construction Act establishes the role of adjudicator for construction disputes. The impracticalities involved in parties naming specific adjudicators led to the provision for Adjudicator Nominating Bodies (ANBs). These could include RIBA, RICS or Bar Associations. However, different types of ANBs have different perceptions of adjudication and have compiled different rules for the process. Some ANBs are concerned about the prospect of lawyers conducting adjudications, but a contract drafter, given the freedom of choice of ANB, would probably opt for a legal body.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 1998
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Sitting in judgement
Article Abstract:
The UK Lord Chancellor has appointed High Court judge Lord Justice Dyson as the head of the newly established Technology and Construction Court (TCC) in 1998. Dyson will adjudicate in difficult cases related to the construction and computer industry. The TCC expects to deal with cases in an efficient manner, using a listing system which centralizes cases on a standardization basis. Dyson is seeking to reduce the amount of expert witness evidence presented in court, which often increases trial times.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 1998
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The truth about discovery
Article Abstract:
Trials may sometimes be halted by disputes over discovery of documents. This process is entered into by all parties who list all relevant documents, deciding which should not be disclosed. Discovery in building cases has a particularly bad reputation, due to the sheer size of the operation. Relevance of a document is normally interpreted as relevant to a contract, rather than the case, and discovery can be one of the most expensive stages of litigation.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 1999
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