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Date Posted: 10:51:00 10/13/02 Sun
Author: 何焯華條賓周
Subject: 淨屌何焯華條仆街呢
In reply to: JJUDGES正仆街 's message, "JJUDGES正一仆街憾家剷,自己唔夠人串,同人玩埋野,人多恰人少,屌佢老母!" on 12:54:17 03/11/02 Mon

淨屌何焯華條仆街呢
何焯華條賓周
Adjucication
The standard forms of contract have, for some years, contained provision for adjudication. Although there is no definition of the term ( and this continues to be the case under the new Act), adjudication was recommended for construction contracts in the Latham Report and has now become mandatory in certain construction contracts by the Housing Grants, Construction and Regeneration Act 1996. "Statutory" adjudication, what is dealt with below, is not to be confused with the original constructual process, which is dependant upon the particular terms and status agreed between the parties. "Contractual" adjudication may, however, comply with the requirements of the Housing Grants, etc, Act so that the two processes may overlap. As examples of adjudication under contract, the traditional decision of the Engineer under the ICE Conditions complies with what is generally understood by the term; and under the Engineering & Construction Contract (ECC), the equivalent process is called adjudication, in this case being carried out by an independent third party.

The important distinction between adjudication and other forms of ADR lies in the fact that adjudication is intended to result in one party being compelled, at least temporarily, to submit to the decision, for example, by paying money to the other party. Consequently, the status of an adjudicator's decision can give rise to dispute. In Cameron v. Mowlem the plaintiff sub-contractor requested the appointment of an adjudicator under Form DOM/1 to determine a dispute over payments due. Without giving reasons, the adjudicator determined that the sum of 52,800 pounds should be paid, but Mowlem resisted payment relying on a right of set-off, in respect of which the required notice had been given. The Court of Appeal held, first, that the adjudicator's award could not be enforced as an arbitration award; and secondly that the adjudicator's award did not preclude the contractor from exercising a contructual right of set-off, and that the adjudicator's powers did not include determination of sums due under the terms of the sub-contract. The case illustates the need for clarity in determining the status of an adjudicator's decision.

Can the decision of an adjudicator be challenged on its merits, either on fact or law? The Cameron v.Mowlem case confirmed that the decision did not rank as an award for the purpose of challenge in accordance with the Arbitration Act. There is a line of authority dealing with the circumstances in which the decision of an independent expert

Bibliography:
Construction Law

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