Construction adjudication in South Africa: how do we enforce the adjudicator's decision?

摘要

Adjudication, as a method of resolving construction disputes in the South African construction industry, has been around for over 15 years. Although there has been some limited institutional intervention in the implementation of adjudication across construction contracts (for example through the efforts of the Construction Industry Development Board, or CIDB), it is, in practice, still a purely contractual dispute resolution process. This contractual process, in short, involves referring disputes to a third party (adjudicator) on an expedited basis, for an interim and binding decision, which is capable of being overturned in subsequent arbitration or litigation.