December 2012
In this article, Nicholas Gould considers the latest development in the international growth of adjudication as a rapid dispute resolution procedure for construction and engineering disputes.
Malaysia is the latest country to introduce adjudication. The Construction Industry Payment and Adjudication Act 2012 came into force on the 22 June 2012. The procedure applies to construction contracts, and adjudicators are appointed by the Kuala Lumpur Regional Centre for Arbitration.
December 2012
Nicholas Gould outlines some of the key issues covered in the RICS Guidance Note for Conflict Avoidance and Dispute Resolution in Construction.
Considering how disputes may arise and then taking proactive steps to avoid them is important for all those involved in construction projects. Good communication and looking for objective solutions to avoid conflict will help once the project is under way.
November 2012
An adjudicator’s right to recover his fees has become an important issue after the recent Court of Appeal ruling case of PC Harrington Contractors Ltd v Systech International Ltd.
Nicholas Gould looks at the details of the case and discusses whether an adjudicator should receive payment even if their decision turns out to be unenforceable.
November 2012
In a paper given at the latest Fenwick Elliott Construction Law Update Seminar, Jeremy Glover discusses what we have learnt since the introduction of the Local Democratic, Economic Development and Construction Act (LDEDCA) in October 2011.
November 2012
In an article written for our Autumn edition of International Quarterly, Jeremy Glover discusses one of the more interesting themes to emerge from the recent DRBF Regional Conference in Qatar – dispute avoidance.
There has been an increasing recognition of the value of “dispute avoidance” as a partner with “dispute adjudication”. Ultimately, prevention is better than cure and as more parties become familiar with that concept, they will be more willing to explore alternative ways and approaches to solving their differences.
February 2012
Links
[1] http://fenwickelliott.uk/sites/default/files/nick_gould_-_adjudication_in_malaysia.pdf
[2] http://fenwickelliott.uk/sites/default/files/nick_gould_-_conflict_avoidance_and_dispute_resolution.indd_.pdf
[3] http://fenwickelliott.uk/sites/default/files/nick_gould_-_systec_v_harrington.indd_.pdf
[4] http://fenwickelliott.uk/sites/default/files/jeremy_glover_-_ten_things_we_have_learnt_about_adjudication_since_the_intriduction_of_ldedca.pdf
[5] http://fenwickelliott.uk/sites/default/files/jeremy_glover_iq_-_dispute_adjudication_or_dispute_avoidance_under_the_fidic_form.pdf
[6] http://fenwickelliott.uk/sites/default/files/nick_gould_-_enforcing_a_dispute_boards_decision_-_issues_and_considerations_paper_for_fidic_me_conf_feb_2012.indd_.pdf
[7] http://fenwickelliott.uk/print/research-insight/articles-papers/adjudication?page=3
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