The following Construction practice note Produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.
Adjudication is a quick method of settling disputes on a provisional interim basis—it is binding until finally resolved by arbitration, litigation or agreement. The requirements of natural justice that are crucial in litigation are important in adjudication. However, in the adjudication context, the rules of natural justice are secondary to the requirement that the adjudicator must reach a decision in a very limited period.
In litigation the judgment is made public. Adjudicator’s decisions rarely make it into the public domain due to their lack of authority in other proceedings. In addition, the parties to adjudication can enter into a confidentiality agreement.
Litigation is regulated by the Civil Procedure Rules. The relevant legislation in relation to adjudication (time and procedure) is Part II of the Housing Grants, Construction and Regeneration Act 1998 and, if applicable, the Scheme for Construction Contracts.
In litigation, if the parties are unable to agree costs, the court will decide whether costs are payable and, if so, by which party and in what proportion. The costs, fees and expenses incurred by parties in relation to of adjudication are generally far less than the costs incurred in litigation proceedings.
If the contract was entered into on or after 1 October 2011 (1
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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