An examination of the key legal bases upon which an adjudicator's award might be challenged before the courts in England and Scotland.
Written in 2006; 1,277 words; 10 sources; MLA; $ 43.95
Paper Summary:
In this article the author examines the issues surrounding the challenge to an adjudicator's decision. He begins with the job of an adjudicator and how this job developed and what boundaries an adjudicator has. The author quotes many case studies as examples of where an adjudicator can be challenged and what legal right he has to uphold his decision. The paper concludes with the anomalies as he sees it, in the law.
Introduction
Exceptions
Challenges on the Jurisdiction of the Adjudicator.
Natural Justice
Human Rights Act
Other Case Laws
Conclusion
From the Paper:
"The courts recognize the limitations of the process, but there have been one or two cases recently in which the TCC has taken a dim view of the way in which adjudicators have actually conducted adjudications, particularly where the adjudicator has been in direct discussions with one party without involving the other. Where the judge has found that there has been a breach of the rules of natural justice, the judge has refused to enforce the adjudicator's decision. "
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