Construction Newsletter: Adjudication Adviser - September 2014
Published 4 September 2014
In the period since our last Adviser, surprisingly, there have been few reported adjudication enforcement cases. This Adviser therefore looks outside of the jurisdiction of England and Wales to Scotland and Malaysia to see how our rules and case law have been adopted elsewhere.
Whilst it is not unusual for Scottish adjudication matters to refer to English cases, three recent Judgments show the extent that those Courts will look to uphold the right of adjudication. Notably these cases follow very closely to English precedent. It is arguable that this demonstrates that our system of adjudication appears to be working albeit, sometimes, in a rough and ready manner.
Malaysia has become the latest jurisdiction following New Zealand, Singapore and a number of Australian states to adopt statutory adjudication as a dispute resolution method. One of articles provides a very brief review of the rules, which can be seen to be very similar to the UK.