Taking statutory adjudication to the next level: a proposal for review mechanism of erroneous determinations

Skaik, Samer 2016, Taking statutory adjudication to the next level: a proposal for review mechanism of erroneous determinations, International construction law review, vol. 33, no. Part 3, pp. 287-311.

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Title Taking statutory adjudication to the next level: a proposal for review mechanism of erroneous determinations
Author(s) Skaik, SamerORCID iD for Skaik, Samer orcid.org/0000-0003-1047-3058
Journal name International construction law review
Volume number 33
Issue number Part 3
Start page 287
End page 311
Total pages 25
Publisher Informa
Place of publication London, Eng.
Publication date 2016-07
ISSN 0265-1416
Keyword(s) ADR
judicial review
merits review
review mechanism
statutory adjudication
Summary Statutory adjudication was introduced in the security of payment legislation to quickly and fairly resolve payment disputes in the construction industry. One of the interesting features in some legislation is the availability of an express limited right of aggrieved parties to apply for review against erroneous adjudication decisions. In Singapore, the legislation has no equivalent elsewhere in that it provides for a full review mechanism of erroneous determinations considering the fact that adjudicators often have to grapple with complex issues as sheer volume of documents within a very tight timeframe. This paper discusses the various review mechanisms of erroneous adjudication determinations then asks the question as to whether an appropriately devised legislative review mechanism on the merits, should be an essential characteristic of any effective statutory adjudication scheme. The paper concludes by making the case that an appropriately designed review mechanism as proposed in the paper could be the most pragmatic and effective measure to improve the quality of adjudication outcome and increase the disputants' confidence in statutory adjudication. This paper is based upon a paper by the author which received a High Commendation in the Student Division of the Society of Construction Law Australia Brooking Prize for 2016.
Language eng
Field of Research 180123 Litigation, Adjudication and Dispute Resolution
120299 Building not elsewhere classified
Socio Economic Objective 970112 Expanding Knowledge in Built Environment and Design
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Informa UK
Persistent URL http://hdl.handle.net/10536/DRO/DU:30085906

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