| Индекс материала |
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| Arbitration vs. Adjudication: UK |
| Final decision ? |
| Cost of adjudication |
| Cost comparison |
| Timetable compared |
| Все страницы |
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Final decision ?The parties may agree to accept the decision as finally determining the dispute, but without such agreement decision is binding only provisionally “until the dispute is finally determined by legal proceeding, by arbitration, or by agreement.In the case of arbitration clause agreed in contract, there is not statutory requirement of preceding adjudication, that means, that parties can refer its dispute directly to arbitration and as we propose in last section of this blog this arbitration could be in fact cheaper, and streamlined more than adjudication. But also in the case of agreement about finality of adjudication decision, there is as Salmond says, wide range of challenges against enforcement of such decision. Unfit for open market ? With regard to the provisions of EU Treaty and specifically right to settlement, and right to cross-border services adjudication seems to be not fit for construction contracts with contractors or subcontractors based in other EU member states not familiar with adjudication.Even if such a party is willing to adjudication (and for example is not insisting on direct access to the arbitration) enforcement of adjudication decisions which is subject to broad challenges in the UK enforcement proceeding may be almost unfit to enforcement proceedings in continental european countries. Bearing in mind number of private limited companies registered with Companies House, which are only shelf companies of continental (mostly Central and Eastern European owners), this will be other problem of finality of decisions of such adjudication.