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Legal Update - Arbitration Adjudication and Mediation Climate
Dr Franco Mastrandrea, 11 April 2006
Franco made a very welcome return to the South East Branch - with a presentation based upon his research into fourteen ADR cases- spanning the period 'from late' 2004 'to date' in 2006 - cases that went to Appeal up to and including the House of Lords. Franco's presentation provided both an update and a personal view of recent developments affecting the three main areas of private dispute resolution - arbitration, adjudication and mediation.
The presentation gave rise to some 'highly technical' questions and points for clarification - based upon research of 11 Cases that went to Appeal.
Space prevents me going into details on the cases that Franco provided us with. They included:
On Arbitration
- Indescon Ltd. v. Ogden [2004] E.W.H.C. 2326 (TCC).
- Lafarge (Aggregates) Ltd. v. Newham London Borough Council [2005] E.W.H.C. 1337 (Comm.).
- Lesotho Highlands Development Authority v. Impregilo SpA and others [2005] U.K.H.L. 43: H.L.
- Kershaw Mechanical Services Ltd. v. Kendrick Construction Ltd. [2006] E.W.H.C. 727 (TCC).
On Mediation
- Burchell v. Bullard and others [2005] E.W.C.A. Civ. 358, C.A.
- Hall and Another v. Pertemps Group Limited and another: Times, 23 December 2005.
On Adjudication
- John Roberts Architects Limited v. Parkcare Homes (No. 2) Limited. [2006] E.W.C.A. Civ. 64, C.A.
- Andrew Wallace Limited v. Artisan Regeneration Ltd. and another [2006] EWHC 15 (TCC).
- Harlow & Milner v. Teasdale [2006] E.W.H.C. 54 (TCC)
- Michael John Construction Limited v. Golledge and others [2006] EWHC 71 (TCC).
- Quietfield Ltd. v. Vascroft Contractors Ltd. [2006] E.W.H.C. 174.
- Interserve Industrial Services Ltd. v. Cleveland Bridge UK Ltd. [2006] EWHC 741 (TCC).
- Verry v. London Borough of Camden: 20 March 2006.
Franco then invited comments and questions from the audience, which produced a lively exchange of views.
Two questions in particular from the audience on the night struck a cord with me;
- As Adjudication is a voluntary process - are 'Judges' on appeal trying to impose something else?
- Is the 'standard limit' of a 28 day period - in which time an Arbitrator has to conclude the depositions before him and make an award - adequate in all case circumstances?
I have my own views on where the answers to these may lead, but they are for another time.
Reported by Ian Patterson Wilson