Can I Manage Adjudication Myself?
Samuel Okoronkwo
Head of Chambers at Mercantile Barristers | Barrister | Construction & Engineering Law | Sports Law
Construction adjudication might seem straightforward, but it is best undertaken with experienced experts. While it is possible to manage the adjudication process on your own, there are several critical reasons why enlisting professional assistance from firms like Mercantile Barristers can be invaluable.
Adjudication, while faster than traditional court proceedings, follows a strict procedural framework. This includes tight deadlines for submissions and responses, specific requirements for the content of those submissions, and rules regarding the presentation of evidence. Failure to adhere to these rules can lead to the dismissal of a claim or the weakening of a defence.?
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Barrister, Chartered Arbitrator, CMC Registered Mediator, Adjudicator. Opinions personal.
1 年I am not sure that I entirely agree with all of this. Adjudicators normally have the power (though perhaps not often the time or need) to take the initiative in ascertaining the facts and the law. I'm not sure that it is entirely right to say that their (our) "job is to to evaluate the submissions as they are". I often ask questions of one or both parties, either to ensure that I understand a party's case or simply because I want to get the right answer and am concerned that a key point of law may not have been addressed. I have seen other adjudicators do the same. Of course, we need to maintain neutrality, and we need to stay within the proper scope of the dispute notified, but provided we do we are not prevented from getting to the right answer if that involves an inquisitorial approach in part. This can be particularly true in lower value adjudications and where parties are unrepresented. I am also not sure that there really are "rules regarding the presentation of evidence" and so forth. Common practices, but not really rules as such ? There are certainly however hidden traps for the inexperienced or unwary - the court developed rules on the need to adequately raise or lose jurisdiction arguments for example.
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1 年As a an adjudicator I appreciate when legal representation clarifies what is being submitted in adjudication and anything which makes my life easier in reaching a decision in the short time-scales provised is most helpful. I have experienced claimants who dump an email trail of 500 emails in the adjudication application and then expect me to work it all out.
Wellesley Construction Services
1 年There is a careful balance to be had; between over lawyering the situation and getting proper representation. I recently successfully defended a multi million smash and grab and the attitude from the opponent solicitors was appalling and probably contributed to their client losing the case.
The insight about adjudicators maintaining neutrality and not providing any legal advice or contract guidance is eye-opening.?
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1 年Self-representation seems quite risky.