The newsletter discusses upcoming events for adjudicators, including a conference in Edinburgh in March 2019. It also summarizes a recent UK court case enforcing an adjudicator's decision and notes changes to adjudication legislation in Queensland, Australia, such as caps on fees for lower value disputes and a grading system for adjudicators. Finally, it announces new committee members for the Adjudication Society and lists upcoming conferences.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
UK Adjudicators January 2022 NewsletterSeanGibbs12
UK Adjudicators January newsletter contains articles and commentaries on adjudication, this months contributors include:
Paul Hughes SHARPE PRITCHARD LLP
George Gibbs LLB (Hons) Hanscomb Intercontinental
Nicholas Gould Fenwick Elliott LLP
Matthew Grellier and Ken Salmon Slater Heelis
Julian Bailey and Primrose Tay 郑美恩 White & Case LLP
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
UK Adjudicators March 2019 newsletter with guest articles from Rajiv Bhatt and Katie Lee from Hardwicke Chambers and Sandra Steele from K&L Gates Australia.
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
UK Adjudicators are an adjudicator nominating body for construction disputes and have the largest multi-disciplinary panel of adjudicators in the United Kingdom.
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
UK Adjudicators 2021 London Adjudication & Arbitration Conference has leading speakers from law firms, barristers chambers, expert firms and adjudicators and arbitrators.
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UK Adjudicators January 2022 NewsletterSeanGibbs12
UK Adjudicators January newsletter contains articles and commentaries on adjudication, this months contributors include:
Paul Hughes SHARPE PRITCHARD LLP
George Gibbs LLB (Hons) Hanscomb Intercontinental
Nicholas Gould Fenwick Elliott LLP
Matthew Grellier and Ken Salmon Slater Heelis
Julian Bailey and Primrose Tay 郑美恩 White & Case LLP
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
UK Adjudicators March 2019 newsletter with guest articles from Rajiv Bhatt and Katie Lee from Hardwicke Chambers and Sandra Steele from K&L Gates Australia.
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
UK Adjudicators are an adjudicator nominating body for construction disputes and have the largest multi-disciplinary panel of adjudicators in the United Kingdom.
Similar to UK Adjudicators January 2019 newsletter (20)
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
UK Adjudicators 2021 London Adjudication & Arbitration Conference has leading speakers from law firms, barristers chambers, expert firms and adjudicators and arbitrators.
UK Adjudicators London 2021 Conference
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damian James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Hanscomb Intercontinental CEO Sean Gibbs spoke alongside Katie Pickering (BPE Solicitors LLP) and Keith Blizzard HCR Hewitsons) at the recent Constructing Excellence Gloucestershire Club webinar on Material Shortages and Fluctuations clauses in standard from contracts.
Contracts discussed included JCT/NEC/FIDIC & ICHEME
If you need advice do get in touch
info@hanscombintercontinental.co.uk
UK Adjudicators has the UK's largest largest multi-disciplinary panel of adjudicators and as one of the leading Adjudicator Nominating Bodies will nominate an adjudicator to resolve your dispute at cost.
UK Adjudicators London 2021 Adjudication & Arbitration Conference takes place on the 19 August as a hybrid event.
Speakers include:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
UK Adjudicators are the largest multi-disciplinary adjudicator nominating panel in the United Kingdom.
We offer free adjudicator nominations and also a capped fee scheme
Hanscomb Intercontinental are pleased to be a supporting patron of the Vis East Moot.The programme for the week long event provides details on the competing teams, arbitrators and networking events.
Advertisements from Keating Chambers & Atkin Chambers and Hanscomb Intercontinental appear in the programme.
UK Adjudicators are an adjudicator nominating body.Nominations are free of charge and are made from our panel of adjudicators. Panel members include retired TCC judges, solicitors, barristers, surveyors, engineers, architects and other built environment professionals.
UK Adjudicators are an Adjudicator Nominating Body (ANB) for the United Kingdom and International construction and engineering industries.
www.ukadjudicators.co.uk
UK Adjudicators are a leading Adjudicator Nominating Body (ANB )for the construction and engineering industries.
Panel members include retired judges, solicitors, barristers, engineers, surveyors and architects.
Hanscomb Intercontinental provide expert advisory & expert witness services to the global onshore and offshore construction, engineering and shipbuilding industries.
UK Adjudicators can nominate UK Adjudicator panel members to resolve your disputes. There is no fee charged to make the nomination. Members comprise comprising solicitors, barristers, surveyors, architects, engineers and other specialist built environment professionals.
More from Sean Gibbs DipArb, FCIARB, FCIOB, FRICS, MICE (20)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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EDITORS’ COMMENTS
With a New Year commencing and
uncertainty still surrounding Brexit there are
some who are dreading the year ahead, whilst
others can see opportunity and will embrace
challenges and overcome them.
As part of our planned series of events across
the country in 2019 to publicise the services
of our nominating body I am pleased to
confirm that our first event is a table at the
SCL annual lunch in London on the 15th
February 2019 . The second event is a half day
conference in Edinburgh on the 15th
March
from 11am to 5pm. If you are interested in
speaking at the second event or attending
either of the events do get in touch.
In closing, we would like to take this
opportunity to wish you all a prosperous New
Year.
Sean Gibbs is a director with Hanscomb
lntercontinental and is available to sit as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk
Kirsty Potts, Barrister (Non-Practising), is a
Lecturer in Property and Construction Law at
the University of the West of England.
Kirsty.potts@uwe.ac.uk
QUEENSLAND BUILDING INDUSTRY
FAIRNESS (SECURITY OF PAYMENT)
AND OTHER LEGISLATION
AMENDMENT REGULATION 2018
The Queensland government have
implemented a number of changes to the
existing security of payment legislation. Whilst
these will be of some interest to adjudication
practitioners around the globe I’d like to focus
on two aspects which could help transform UK
adjudication for the better.
The first is that Queensland have a formal
system for grading Adjudicators. An adapted
grading system could be applied in the UK and
would assist newly qualified adjudicators to
transition from inexperienced panellist
through to practising adjudicator. If this was
coupled with some form of mentoring or
pupillage then we could create a pathway that
all of the recognised Adjudicator Nominating
Bodies could follow and assist the smooth and
orderly replacement of the ageing
adjudicators who will be retiring in the next
few years.
Another aspect is the cap on the amount that
an adjudicator may recover in fees and
expenses for low value disputes.
Queensland caps are set at :
2. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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14 Maximum fees and expenses for particular
adjudication applications—Act, s 95
(1)This section prescribes, for section 95(2) of
the Act, the maximum amount for fees and
expenses an adjudicator is entitled to be paid
for adjudicating an adjudication application
relating to a payment claim for a progress
payment of not more than $25,000.
(2)The maximum amount is—
(a)if the progress payment is not more than
$5,000—$620; or
(b)if the progress payment is more than
$5,000 but not more than $15,000—$930; or
(c)if the progress payment is more than
$15,000 but not more than $20,000—$1,860;
or
(d)if the progress payment is more than
$20,000 but not more than $25,000—$2,070.
(3)To remove any doubt, it is declared that a
maximum amount mentioned in subsection (2)
includes both fees and expenses.
Initiatives along these lines will encourage
parties to use adjudication for the lower value
disputes that many are reluctant to proceed
with though cause hardship to those lower
down the supply chains.
If you have any ideas or would be prepared to
serve on a committee to look at how we can
create tailored offerings to the users of
adjudication please do express your interest
by emailing Sean Gibbs.
sean.gibbs@hanscombintercontinental.co.uk
A link to the legislation can be followed
below.
https://www.legislation.qld.gov.au/view/html
/asmade/sl-2018-0177
ADJUDICATION SOCIETY - NEW
COMMITTEE MEMBERS
ANNOUNCED
The new committee for the next two year
period will comprise:
• Chairman: Richard Booth
• Senior Vice-Chairman: Hamish Lal
• Treasurer: Martin Ewen
• Regional Liaison Officer: Martin Potter
• Secretary: Susan Francombe
• Conference Coordinator: Edward Quigg
The general committee members will be:
• James Cross QC
• Lawrence Davies
3. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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• Nicholas Gould
• Gerald McLean
• James Pickavance
• Dean Sayers
• Tim Willis
Congratulations to UK Adjudicator’s panellists,
Dean Sayers, Tim Willis and Martin Potter on
their election to the Adjudication Society
committee.
ENGLAND AND WALES HIGH
COURT (TECHNOLOGY AND
CONSTRUCTION COURT) DECISIONS
December
Skymist Holdings Ltd v Grandlane
Developments Ltd [2018] EWHC 3504
(TCC) (19 December 2018)
University of Warwick v Balfour
Beatty Group Ltd [2018] EWHC 3230
(TCC) (11 December 2018)
UK ADJUDICATORS’ TABLE AT THE
SCL LONDON ANNUAL LUNCH
UK Adjudicators have taken a table at the SCL
Annual London Lunch which is taking place on
the 15th
February 2019 at 12pm at the
Grosvenor House, Park Lane, London.
Places are available on the table to our
panellists.
Please confirm your interest to Sean Gibbs:
sean.gibbs@hanscombintercontinental.co.uk
4. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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HALF DAY CONFERENCE IN
EDINBURGH ON THE 15TH
MARCH
UK Adjudicators are participating in a half day
conference being held at the Scottish
Arbitration centre at 125 Princes St,
Edinburgh EH2 4AD on the 15th
March 2019.
The conference will discuss Adjudication &
Arbitration in domestic and international
context.
10.45 Registration
11.00 Conference start
12.00 Lunch
16.30 Close & networking drinks
UK Adjudicator panellists will have free entry
to the conference; though will need to book
when the system goes live.
If you are interested in speaking or sponsoring
this event please email :
sean.gibbs@hanscombintercontinental.co.uk .
8TH EDINBURGH VIS PRE-MOOT
CALL FOR VOLUNTEER
ARBITRATORS, 16 AND 17 MARCH
2019
The organisers of this year’s Edinburgh Vis
Pre-Moot, sponsored by the Scottish
Arbitration Centre, are looking for volunteers
to act as arbitrators in the 8th Edinburgh
University International Vis Pre-Moot. This
year’s event will be held on Saturday 16
March 2019 and Sunday 17 March 2019 at the
University of Edinburgh with a drinks
reception on the evening of 16 March
following the conclusion of the day’s
pleadings to which all arbitrators are warmly
invited. This event is organised by the
University of Edinburgh as a preparatory moot
for the Willem C Vis Arbitration Moot. The
Willem C. Vis International Commercial
Arbitration Moot is an annual competition,
held in Vienna, with teams representing law
schools from throughout the world.
Events such as the Edinburgh Pre-Moot are an
important stage in teams’ preparation for
Vienna. Last year's Pre-Moot was a huge
success thanks to the high number of
arbitrators who volunteered their time and
the teams were immensely grateful for the
high quality of feedback they received from
volunteer arbitrators. If you are interested in
arbitrating then please email the organisers at
premoot@ed.ac.uk for more information
and registration.
5. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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DSVG FACADE LTD v CONNEELY
FACADES LTD (2018) TCC 13 June
2018
The Claimant, a sub-contractor supplying
labour to install cladding sought summary
judgement to enforce an adjudicator’s
decision in the sum of £17,219 plus interest
and the adjudicator's fees.
The defendant resisted enforcement by
arguing there had been a breach of natural
justice as the adjudicator had failed to
determine the true value of the payment
application which had been in issue between
the parties, and therefore had failed to decide
the dispute before him.
The facts were that the claimant submitted
an invoice of £21,747 for payment and some
months later the defendant made a part
payment of £4,500.
The Claimant’s adjudication referral notice
stated it was entitled to payment on the basis
of the submitted invoice and the defendant's
failure to serve any notice in response, and
also in the alternative on the merits on the
basis that the defendant had rejected the
claimant's assessment and valuation of the
works done.
The adjudicator found that the claimant's
invoice was a valid payee's notice and that
there was no valid pay less notice in response.
He accordingly decided that the defendant
should pay the claimant the balance of
£17,219 with interest and the adjudicator's
fees.
The court held that as a matter of
construction of the referral documents there
had been no agreement to refer two disputes
to the adjudicator: only one dispute as to the
claimant's entitlement to the notified sum in
the absence of a notice in response, and
applied Grove Developments Ltd v S&T (UK)
Ltd [2018] EWHC 123 (TCC).
The adjudicator's jurisdiction was to decide
the dispute referred to him about the
claimant's entitlement to the invoice amount
in the absence of a pay less notice, and once
he had done so in the claimant's favour, he
did not have any residual jurisdiction to
proceed to decide the separate and different
dispute about the true value of the claim.
The court rejected the Defendant’s attempt to
raise the valuation issue as a defence to
enforcement and confirmed that it would
have to be dealt with in separate proceedings.
The adjudicator’s decision was enforced in the
Claimant’s favour.
6. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
6 | P a g e
ADJUDICATION SOCIETY
Thursday, 24 January, 2019
Birmingham
Grove Developments after the CA
Thursday, 31 January, 2019
Bristol
Talk followed by New Year Dinner
Tuesday, 5 February, 2019
Edinburgh
Annual Case Law Update
DRBF CONFERENCES 2019
DRBF 19th Annual International Conference:
Berlin, Germany May 22 - 24, 2019
http://www.drb.org/events/calendar/
DRBF Northwest Regional Conference:
Seattle, Washington, USA June 06 - 07, 2019
http://www.drb.org/events/calendar/
SOCIETY OF CONSTRUCTION LAW
(UK)
Guildford 8 January 2019
The Jackson reforms and their sequel
5.30 for 6.00pm The Glass Room, G Live,
London Road, Guildford GU1 2AA
Speaker is Sir Rupert Jackson
Chair: David Savage, Charles Russell Speechlys
LLP
Organiser : Andrew Keeley , Charles Russell
Speechlys LLP
Cardiff 30 January 2019
The impact of delay for employer's and
contractors…."Don't look back in anger!"
5.30 for 6.00pm at Blake Morgan, One Central
Square, Cardiff CF10 1FS
Speaker is Ian Gunton of CNS Consult
7. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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FIDIC CONFERENCES 2019
The FIDIC International Infrastructure
conference takes place from 8 to 10
September 2019 in Mexico City.
http://fidic2019.org/en
FIDIC LATIN AMERICA CONTRACT USERS'
CONFERENCE
October 2019; City TBC
https://law.knect365.com/fidic-latam-
contracts/
From 10-13 May 2020, the Scottish
Arbitration Centre plays host to the XXVth
International Council for Commercial
Arbitration Congress in Edinburgh.
For full information on the Congress, including
information on how to register, sponsor, or
reserve hotel accommodation, please visit the
Congress website www.icca2020.scot.
8. WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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SCL INTERNATIONAL CONFERENCE
2020
The Society of Construction Law 9th
International Conference is being held from 4
to 6 November, 2020, in Auckland, New
Zealand. Further details can be found at :
http://www.constructionlaw2020.com/scl20
Please note that this is a newsletter
and does not provide legal advice.
Whilst every care has been taken in
the preparation of this document,
we cannot accept any liability for
any loss or damage, whether
caused by negligence or otherwise,
to any person using this document.
Independent legal advice should be
taken from a regulated lawyer.