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Some Pitfalls for Adjudicators to Avoid

Paper number
D115

HH Judge David Grant

December 2010

A paper presented to the Society of Construction Law and Chartered Institute of Arbitrators Conference in Derby on 24th September 2010

Judge Grant's paper highlights some of the pitfalls an adjudicator might wish to avoid, looking at the four topics below, all of which have been the subject of recent decisions. These decisions are Fileturn v Royal Garden Hotel; Pilon v Breyer Group; AWG Construction Services v Rockingham Motor Speedway, CIB Properties v Birse Construction and Enterprise Managed Services v Tony MacFadden Utilities; and Primus Build v Pompey Centre.

Introduction - Bias: the need for disclosure - The need to identify the subject matter which calls for decision - How to manage larger referrals - The need to avoid basing a decision on matters which the parties have agreed are irrelevant, or are outside the scope of submissions.

The author: His Honour Judge David Grant is a judge of the Technology and Construction Court based in Birmingham.

Text 13 pages