Legal Effect of an Adjudicator’s Decision
If you don’t like an adjudicator’s decision what can you do?
The simple answer is “not a lot”. Adjudication is designed to be a rough and ready form of justice, but one that gives parties speedy resolution to disputes. The courts have made it clear time and again that they will not overturn or amend a decision because they would have come to a different conclusion on the evidence provided.
When the adjudicator makes their decision that adjudication will be binding on the parties and they will be bound by the decision. The adjudication decision becomes binding on the parties immediately on delivery of the decision to the parties.
Occasionally, one of the parties feels that the decision has unfairly gone against them. There are few ways that an adjudication can be challenged. If a party fails to comply with the decision of the adjudicator, the other party can bring proceedings against the offender and seek an application for summary judgement on the decision.
Opportunities to challenge an adjudication decision include:
- Has the adjudicator exceeded his adjudication?
- Can the dispute be further determined by Legal Proceedings (Litigation) and/or Arbitration?