Adjudication

Overview

Adjudication is a contractual and statutory means of dispute resolution used largely in the construction industry. Adjudication involves the reference of a dispute to an adjudicator for determination within a strict time limit. Adjudications can be documents only or in some cases involve a hearing. Under the statutory regimes, the decision is usually an interim decision. The right of review of the interim decision is limited but the decision does not limit the parties’ rights to have the matter dealt with on a full and final basis by bringing an action (litigation or arbitration). The objective behind most statutory adjudication regimes is to improve cash flow in the industry (“pay now, fight later”).

Practitioners’ resources

Precedents: Lawmaking Through International Adjudication [Here]