Simon Tolson, in a paper prepared for the 16th Fenwick Elliott Adjudication Update Seminar held at Simpson’s in the Strand, London considers the impact of the economic recession on adjudication. In doing so, he not only discusses the extent to which adjudication is always the right approach in recessionary times, but discusses the risks for all parties to construction contracts caused by cash-flow difficulties, insolvency and falling order books. He ends by setting out a checklist of the key contractual issues you should consider.
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.