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Adjudication Again

News | Mon 28th Nov, 2016

Having recently done a case about an adjudicator’s jurisdiction, I noticed that in UNIVERSAL PILING & CONSTRUCTION LTD v VG CLEMENTS LTD a declaration was sought such whereby an adjudicator could not conduct a valuation of works under a construction contract because it was alleged that the issue was the same (or substantially similar) to what had been determined in an earlier adjudication.

In a decision from earlier this month, O’Farell J in the TCC held that the contractor was seeking to refer a different dispute involving a different period of valuation. Accordingly, the adjudicator was entitled to perform what he was being invited to do.

The case is another reminder that jurisdiction arguments need to be clear-cut for them to persuade a judge that an adjudication should not be allowed to proceed.

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