Inflated claims?

Article Abstract:

The case of Lathom Construction Ltd v AB Air Conditioning raised the question of an adjudicator's authority to referee a compromise agreement. It is clear that an adjudicator does not have the authority to make a binding decision about his own ability to act as referee. He is only able to decide and bind if the parties seem to give him that additional power to decide his own jurisdiction. In cases where the issue of jurisdiction is disputable, the court will not enforce immediately. The matter will be sent for a more detailed trial or sent to an arbitrator, if an arbitration clause is in the JCT 81 contract.

Column

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Setting a ceiling on costs

Article Abstract:

The recently introduced UK Arbitration Act for England, Wales and Northern Ireland allows the arbitrator to prevent legal costs from exceeding a predetermined value but can be stopped from doing so if every party disagrees. The legal implications of the new act are not yet fully understood. It may be that the arbitrator chooses to set legal cost limits to focus the attention of participating parties.

Grievance arbitration

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Inquiring minds

Article Abstract:

The Arbitration Act 1996 has radically changed the arbitration process by giving the arbitrator overall authority and freedom from out-of-date procedures. Future arbitrations will be dramatically improved because of the new law which allows the arbitrator to investigate the matter without hinderance. The arbitrator has more authority than either party separately and can only be disputed if both parties join forces in opposition.

Mediation

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