Multi-party adjudication

Published by a ÑÇÖÞÉ«ÇéÍø Construction expert
Practice notes

Multi-party adjudication

Published by a ÑÇÖÞÉ«ÇéÍø Construction expert

Practice notes
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Produced in association with 4 Pump Court

This Practice Note considers whether it is possible to have an adjudication between three or more parties (known as multi-party adjudication), for example if an employer wishes to adjudicate in relation to a defect that was caused by a contractor and a consultant.

Adjudication is not a procedure well suited to multi-party disputes—dealing with submissions from two parties within a 28-day timeframe is often challenging enough, without adding in a further layer of complication (particularly if the two responding parties need to reply to arguments from each other, as well as the referring party). As such, most adjudication regimes, and the Scheme for Construction Contracts, do not contemplate multi-party adjudications. For guidance on which common adjudication rules and standard form contracts permit multi-party disputes, see Practice Note: Introduction to adjudication clauses and procedures.

There are, however, contractual schemes purporting to allow non-parties to be joined in an adjudication under that contract. The difficulty in principle with this approach is that it is not easy to see how an adjudication

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Jurisdiction(s):
United Kingdom
Key definition:
Adjudication definition
What does Adjudication mean?

A method of dispute resolution devised, originally, for use in the construction industry

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