Adjudication Enforcement — The Final Hurdle?

Over 130 people attended the Institution of Civil Engineering Surveyors (ICES) keynote event, "Adjudication Enforcement - The Final Hurdle?" Mock Hearing at Loughborough University on Wednesday 9th October 2002.

Construction and legal professionals from across the UK were privileged to witness five leading construction law professionals present a mock hearing addressing the very latest issues relating to adjudication enforcement by summary judgment.

Dominic Helps, Partner of legal firm Shadbolt & Co Solicitors presided over the hearing, acting as the Judge and Narrator. Representing the Claimant, Oasis Piling Ltd. were Simon Tolson and Christopher Hough, Senior Partner and Partner respectively of Fenwick Elliot Solicitors. Acting on behalf of the Defendant, Travis Construction Ltd. were John Rushton, Partner of Mayer, Brown, Rowe & Maw Solicitors and Associate of Baker and McKenzie Solicitors, Jessica Twombley (both Oasis and Travis being fictional companies).

The mock hearing contested four Issues in relation to the Decision of an Adjudicator. The Decision was in respect of a dispute on a sub-contract between the parties of Oasis Piling Ltd. and Travis Construction Ltd. concerning the construction of a water pumping station.

The cases of both the Claimant and the Defendant were presented before the Judge and the audience. The delegates were then asked to vote on each of the four Issues.

The Issues contested for this case were Issue 1 - That Oasis did not comply with Clause 66 of the Contract prior to referring the matter to adjudication (Matter of Dissatisfaction), Issue 2 - That the Adjudicator decided a different dispute to that referred to him/her (No Dispute), Issue 3 - The Adjudicator's bias and/or breech of natural justice (Lack of Impartiality/Bias of Adjudicator) and finally Issue 4 - Payment into Court/Stay to Arbitration.

Before the results from the votes cast by the delegation were announced, the Judge presented his Judgment. Both the Judge and the delegation found in favour of Oasis on Issues 1, 2 and 4 and Travis in respect of Issue 3. Due to the Adjudicator's actions that caused a bias or breech of natural justice, Travis succeeded on being able to avoid enforcement of the Decision.

A heated question and answer session followed the Judgment on the key issues raised during the proceedings.

This event was organised by the Institution of Civil Engineering Surveyors Dispute and Avoidance Resolution Panel in association with the Joint Commercial Management Board of the Institution of Civil Engineers (ICE) and ICES, in support of National Construction Week 2002.