The Lawful Process of Adjudication - Essay Example

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The Lawful Process of Adjudication

The fourth principle is that the parties involved may not contract outside the construction Act but they are allowed to contract within the act. In such adjudication, the court will administer the decisions like if the adjudications were statutory. A good example of an application of this principle is the case of SiemensVsNordot.The fifth principle is that in order to resolve disputes related to construction contracts the parties has a right which should not be regulated. The right to the party will not be restricted to procedural limits. The rights will be practiced even if proceedings are concurrent. In general, the court should not intervene to stop the continuation of any adjudication even if the dispute was solved was earlier decided in any other adjudication.The sixth principle is that adjudicators should have jurisdiction. Most of the adjudicator's decision could not be enforced because they lacked jurisdiction but given that the adjudicators had jurisdiction, their decisions will be enforced fully. Though there are signs in today's cases, and mainly those under the Scots law, which indicates that this area is suitable for development. The adjudicator should allow the parties to make submissions on their case based on the law and fact that the adjudicator relies on.The potential problems that are associated with the implementation of the construction act 1996 are that one of the challenges is that the Act fails to consider the principle of having a justice in nature. ...Show more

Summary

The author o9f this essay "The Lawful Process of Adjudication" comments on the concept of adjudication. Admittedly, there are several principles that are related to adjudication; the first principle states that "the construction Act of 1996 should always apply agreement in writing". …
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