Spring 2012

Abstract

It is an absolute pleasure to welcome readers to this issue of the ICE Construction Law Quarterly. In this issue, we look at a range of dispute avoidance/resolution procedures. Dispute Adjudication Boards are covered twice: firstly, we have an excellent article by Frederic Gillion dealing with the practical difficulties of enforcing a decision of a Dispute Adjudication Board and secondly we are delighted to publish an article from Dr Robert Gaitskell QC. Dr Gaitskell gives a view from the Board which will inform and perhaps tempt some readers to become more involved with DABs. Mediation is often viewed as an unnecessary expense (both in terms of cost and time) and we have reported on recent Court of Appeal guidance that suggests that a party needs to respond reasonably to an offer to mediate. We have also looked at more hard-edged procedures. In the context of adjudication please note that the ICE’s own adjudication procedure was examined by the Court of Appeal in Lanes Group plc v. Galliford Try Infrastructure Ltd and we report on the latest position on so-called ‘forum shopping’. We also consider whether an adjudicator still has the right to payment in circumstances where his decision is found to be non-binding. A related issue is discussed in the context of arbitration where we consider the concept of bias. Finally, as set out below we issue a ‘warning’ about the Bribery Act. This is a self-explanatory article and merits inclusion primarily because it deals with the first conviction. Feedback is very important to us and so please do email (hlal@jonesday.com) with your comments, thoughts and suggestions. This newsletter is for our readers and I strive to ensure that we make it as relevant and interesting as possible. May I please wish readers a very happy, healthy and constructive New Year.