“I rather cavil at the suggestion that construction adjudication is somehow ‘just a part of ADR’. In my view, that damns it with faint praise,” said Lord Justice Coulson in the case of John Doyle Construction Ltd (In Liquidation) vs Erith Contractors Ltd [2021] EWCA Civ 1452, [2021] Bus LR 1837, [2021] WLR(D) 516.

He continued: “In reality, it is the only system of compulsory dispute resolution of which I am aware which requires a decision by a specialist professional within 28 days, backed up by a specialist court enforcement scheme which (subject to jurisdiction and natural justice issues only) provides a judgment within weeks thereafter. It is not an alternative to anything; for most construction disputes, it is the only game in town.” The “only game in town” notion resonates with many in the building, construction and construction law sectors – it is no surprise, then, that many want to know what is exactly what is happening inside adjudication.

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