Adjudication is currently used almost exclusively in the construction and engineering industries. In these sectors the Adjudicator is usually a construction or engineering expert or a barrister specialising in construction law. They are appointed upon agreement by both parties to give an opinion on the issues between the parties to in an effort allow construction work to continue.
Adjudication is not intended to be a complete legal statement. Rather, it is intended to provide a working interpretation of the contractual situation under applicable law. Adjudication is seen a quick method of dispute resolution as it is normally based on pre-existing contractual procedures which have been agreed upon beforehand by both parties.
Generally speaking, arbitrators and courts will tend to respect and support an Adjudicator’s decision unless there has been an obvious conflict with the applicable law. Adjudication is a preferred method of ADR as it is widely seen as being a fast resolution process giving the parties some certainty about their entitlement and enabling some control to be kept over the solution to the dispute.
If you are in any doubt of your contractual or legal position at all, please take legal advice or contact us for free advice on how we can help you.