Arbitration v Adjudication - Revision history

Designing Buildings: Reverted edits by 49.144.10.246 (talk) to last revision by 46.208.182.117

2021-12-02T21:57:24Z

Reverted edits by 49.144.10.246 (talk) to last revision by 46.208.182.117

← Older revision		Revision as of 21:57, 2 December 2021
Line 1:		Line 1:
	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do not involve litigation). Although the procedures adopted are similar, they should not be confused.		Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do not involve litigation). Although the procedures adopted are similar, they should not be confused.

−	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs. ~~omshrimp~~	+	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.

	For more information see: Arbitration.		For more information see: Arbitration.

49.144.10.246 at 20:00, 2 December 2021

2021-12-02T20:00:16Z

← Older revision		Revision as of 20:00, 2 December 2021
Line 1:		Line 1:
	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do not involve litigation). Although the procedures adopted are similar, they should not be confused.		Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do not involve litigation). Although the procedures adopted are similar, they should not be confused.

−	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.	+	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs. omshrimp

	For more information see: Arbitration.		For more information see: Arbitration.

46.208.182.117 at 10:05, 21 July 2021

2021-07-21T10:05:50Z

← Older revision		Revision as of 10:05, 21 July 2021
Line 1:		Line 1:
−	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.	+	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do not involve litigation). Although the procedures adopted are similar, they should not be confused.

	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.		Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.

Designing Buildings at 11:16, 14 September 2020

2020-09-14T11:16:55Z

← Older revision		Revision as of 11:16, 14 September 2020
Line 23:		Line 23:
	* Pendulum arbitration.		* Pendulum arbitration.

−	[[Category:Procurement]] [[Category:Roles_/_services]]	+	[[Category:DCN_Definition]] [[Category:Procurement]] [[Category:Roles_/_services]]

80.2.102.6 at 17:35, 7 October 2019

2019-10-07T17:35:11Z

← Older revision		Revision as of 17:35, 7 October 2019
Line 5:		Line 5:
	For more information see: Arbitration.		For more information see: Arbitration.

−	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. ~~Ifghy8fg67t6f7uf~~ parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.	+	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. If parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.

	For more information see: Adjudication.		For more information see: Adjudication.

212.219.90.226 at 08:27, 2 October 2019

2019-10-02T08:27:24Z

← Older revision		Revision as of 08:27, 2 October 2019
Line 5:		Line 5:
	For more information see: Arbitration.		For more information see: Arbitration.

−	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. If parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.	+	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. Ifghy8fg67t6f7uf parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.

	For more information see: Adjudication.		For more information see: Adjudication.

94.187.88.7 at 07:47, 6 November 2018

2018-11-06T07:47:45Z

← Older revision		Revision as of 07:47, 6 November 2018
Line 1:		Line 1:
	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.		Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.

−	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts; there is no appeal. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.	+	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Normally, there is no appeal, however there are exceptions in which appeals may be accepted. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.

	For more information see: Arbitration.		For more information see: Arbitration.

Designing Buildings at 17:13, 14 December 2017

2017-12-14T17:13:17Z

← Older revision		Revision as of 17:13, 14 December 2017
Line 1:		Line 1:
	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.		Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.

−	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Arbitrators have the power to order costs. ~~Arbitration can be a time-efficient process, depending on the written information that is received from both parties~~	+	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts; there is no appeal. Arbitrators have the power to ascertain facts rather than just listen to submissions, and to order costs.

	For more information see: Arbitration.		For more information see: Arbitration.

−	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. If parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties in dispute. Adjudication decisions are binding unless and until they are revised by arbitration or litigation after practical completion (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs. Adjudication typically takes up to 28 days.	+	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. If parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties to the dispute. Adjudication decisions are binding unless and until they are revised by subsequent arbitration or litigation after practical completion, or by agreement between the parties (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs (other than their own fees and expenses). Adjudication must adhere to strict timescales and typically takes up to 28 days.

	For more information see: Adjudication.		For more information see: Adjudication.

Designing Buildings at 17:05, 14 December 2017

2017-12-14T17:05:07Z

← Older revision		Revision as of 17:05, 14 December 2017
Line 1:		Line 1:
−	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly adopted forms of alternative dispute resolution, ~~but~~ they should not be confused.	+	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly-adopted forms of alternative dispute resolution ( ADR - that is, they do involve litigation). Although the procedures adopted are similar, they should not be confused.

−	~~Although~~ the ~~procedures adopted are very similar~~, a ~~main difference between~~ arbitration ~~and adjudication~~ is ~~who makes~~ the ~~decision~~.	+	Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case. The arbitrator may be a lawyer, or may be an expert in the field of the dispute, or in some cases, an arbitration panel. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Arbitrators have the power to order costs. Arbitration can be a time-efficient process, depending on the written information that is received from both parties

−	Arbitration is a procedure whereby both sides to a dispute agree to let an impartial third party, the arbitrator, decide. In some instances, there may be a panel. The arbitrator may be a lawyer, or may be an expert in the field of the dispute.	+	For more information see: Arbitration.

−	In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties in dispute. ~~This could be a judge, magistrate,~~ or ~~other legally-appointed or elected official~~.	+	The Housing Grants, Construction and Regeneration Act imposes a right to adjudication in construction contracts. If parties to a construction contract do not agree an adjudication procedure, then one is imposed by the Scheme for construction contracts. In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties in dispute. Adjudication decisions are binding unless and until they are revised by arbitration or litigation after practical completion (hence the term 'pay now argue later'). There is no right of appeal and limited right to resist enforcement. Generally, adjudicators do not have the power to award costs. Adjudication typically takes up to 28 days.

−	In arbitration, a decision will be made according to the law. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Adjudication decisions are binding unless and until they are revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement.	+	For more information see: Adjudication.
−		+
−	~~The two also differ regarding the amount of time that is involved in reaching a resolution. Arbitration can be a time-efficient process, depending on the written~~ information that is received from both parties, whereas adjudication can take up to 28 days and be delayed depending on the court schedules. Because of this difference, the costs of each can differ as well, with higher legal costs typically associated with adjudication.	+

	= Find out more =		= Find out more =

Editor: Created page with "Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly adopted forms of alter..."

2017-11-28T13:09:39Z

Created page with "Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly adopted forms of alter..."

New page

Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures. Arbitration and adjudication are two commonly adopted forms of alternative dispute resolution, but they should not be confused.

Although the procedures adopted are very similar, a main difference between arbitration and adjudication is who makes the decision.

Arbitration is a procedure whereby both sides to a dispute agree to let an impartial third party, the arbitrator, decide. In some instances, there may be a panel. The arbitrator may be a lawyer, or may be an expert in the field of the dispute.

In adjudication, the decision is the responsibility of a third party adjudicator selected by the parties in dispute. This could be a judge, magistrate, or other legally-appointed or elected official.

In arbitration, a decision will be made according to the law. The arbitrator’s decision, known as an award, is legally binding and can be enforced through the courts. Adjudication decisions are binding unless and until they are revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement.

The two also differ regarding the amount of time that is involved in reaching a resolution. Arbitration can be a time-efficient process, depending on the written information that is received from both parties, whereas adjudication can take up to 28 days and be delayed depending on the court schedules. Because of this difference, the costs of each can differ as well, with higher legal costs typically associated with adjudication.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Adjudicators and bias.
* Alternative dispute resolution.
* Arbitration.
* Construction disputes.
* How does arbitration work?
* Litigation.
* Mediation.
* Pendulum arbitration.

[[Category:Procurement]] [[Category:Roles_/_services]]