Tue 26 Jan 2021

What does it mean to finally determine a dispute?

When a dispute is finally determined it means that the dispute that was dealt with at adjudication is referred to court (or arbitration if that is what the contract requires) to have a final and binding decision on the dispute.

If the contract requires the dispute to be finally determined at arbitration then it will also likely either state the arbitrator it is to be referred to or the body that should appoint the arbitrator. 

There are some contracts which contain provisions which tend to suggest that the arbitration is a form of appeal against the adjudicator’s decision. However, traditionally final determination is not an appeal it is a full rehearing of the dispute and the court or arbitrator should consider the dispute as new. 

It should also be noted that that the arguments, evidence and documents which may be adduced before the court or arbitrator do not require to be the same arguments, documents or evidence relied on before the adjudicator.  New and different arguments and evidence may be relied on.

Next week is our final blog in this series and we will look at whether it is possible to re-adjudicate a dispute.   f you haven’t read our previous adjudication blogs they can be found here.  Our commonly used terms glossary for adjudication can be found in our week two blog.

Should you require any assistance with adjudication, we have a large and experienced construction team who regularly deal with adjudications and we would be happy to discuss the process with you. 

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