Commentary

166 Challenging the adjudicator’s decision

BUILDING AND ENGINEERING vol 5
| Commentary

166 Challenging the adjudicator’s decision

| Commentary

166 Challenging the adjudicator’s decision

Adjudication decisions are intended to provide temporary, fast-track relief during the currency of the contract and, for this reason, the courts have been generally supportive in enforcing awards, even when these have been manifestly in error1. Thus, an adjudicator’s decision remains enforceable, notwithstanding that it is challenged on procedural grounds, or as to its factual2 or legal conclusions3.

The losing party’s ability to challenge the adjudicator’s decision, once made, is therefore extremely limited, and generally the only choice will be to accept the decision, or to issue fresh proceedings in the courts or before an arbitrator

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