Nicholas Gould, in a paper prepared for the 2006 AICA conference considers the status of an adjudicator’s decision. Does an adjudicator’s decision create a debt or alternatively, when seeking to enforce a decision of an adjudicator, is the cause of action the right or obligation in dispute by reference to the contract between the parties rather than the decision itself? In particular, Nicholas considers how you deal with abatement and common law or equitable set-off.
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.