Adjudication: Just one (dispute) at a time please!

Adjudication: Just one (dispute) at a time please!

CategoryArticles Author Karen Gough Date

If it is settled law that an adjudicator can only deal with a single dispute in an adjudication, why does it consistently form the basis of satellite disputes and challenges to jurisdiction in referrals to adjudication? Trust me on this one, there might not be many reported cases about it, but it does.

The principle did not take long to settle initially. Starting with the Housing Grants, Construction and Regeneration Act 1996 (the “HGCRA”) itself, the all-important mandatory provisions of section 108(2) of the Act refer to “a dispute” and “the dispute”. The provisions of the Act were quickly interpreted by the courts as meaning a single dispute. But far from closing the issue, parties have frequently raised points as to the true meaning of a single dispute.

You can read the full post on our Commercial, Construction & International Arbitration Blog here.

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