Before proceeding to the courts, you may consider resolving a commercial dispute via alternative dispute resolution (ADR). There are various types of ADR, including adjudication, which is often useful in construction disputes. An adjudication award or decision will be awarded to the successful party against the losing party. However, if you are the unsuccessful party, it may be possible for you to challenge the award. This article will explain how you can challenge an adjudication award in a commercial dispute.<\/p>\n\n\n\n
Adjudication is a form of ADR that is available for all commercial disputes but is used primarily by the construction industry. Adjudication is more time-efficient compared to other ADR methods<\/a>, such as arbitration. This is because it can take place entirely on paper, resulting in the whole adjudication process usually taking around 28 days. However, you can extend this timeframe under an agreement with the other party. <\/p>\n\n\n\n Adjudication may be enforced by parliament-made laws. An example of this law in the construction industry is the Housing Grants, Construction and Regeneration Act 1996<\/em>, which outlines when parties to a construction contract have a legal right to use adjudication to resolve disputes.<\/p>\n\n\n\n The adjudication process itself is fairly informal. Notably, the parties to the dispute decide the adjudication rules and procedure, with the adjudicator making a temporarily binding decision at the end. This decision is called an adjudication award<\/a>, and it can include a: <\/p>\n\n\n\n The adjudication award is only temporarily binding. This means that it will only be legally enforceable until another dispute procedure changes the decision. Alternatively, it will stay the same if another procedure affirms it. These other commercial dispute procedures include:<\/p>\n\n\n\n In general, it is unusual for parties to a commercial dispute to challenge a decision made. Notably, adjudication awards are still enforceable in the courts when they stand, making a successful challenge potentially difficult. As a result, you should consider seeking legal advice and expertise before proceeding to challenge an award. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
Should I Challenge an Adjudication Award?<\/h2>\n\n\n\n
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