Cat pigeons, pigeons, cat

摘要

More than five years have passed since the statutory right to adjudication contained in the Construction Act came into operation. The courts have played a valuable role in supporting the legislation and part of that has involved ensuring that only valid decisions, fairly and properly arrived at by the adjudicator, are enforced. One of the central issues that has preoccupied the courts has been the application of the rules of natural justice - the role of which is clearly defined in arbitration and litigation - to the adjudication process. This issue is of particular importance, given the "rough justice" of the process and the variable quality of adjudicators. There are quite a number of court decisions now involving adjudicators who have acted unfairly to one of the parties or in such a way as to raise the impression of bias.