MODULE 2 – The Law of statutory Adjudication
Overall aim
To provide participants with a detailed knowledge and understanding of the legal and procedural principles involved in statutory adjudication in their respective jurisdictions so that they know how to recognise or contribute to a satisfactory statutory adjudication within their respective field.
Key learning objectives
On successful completion of this module candidates will be able to:
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a) |
Describe and explain the principles and specific legal requirements in a statutory adjudication, including:
- the range and limitations of matters that may legally be adjudicated;
- the significance, rights and responsibilities of the different performers in an adjudication;
- the peculiar contractual nature of an adjudication appointment;
- the range and limitations of an adjudicator’s powers and jurisdiction;
- the methods of initiating and processing an adjudication;
- the relevance of the Court regarding all stages in an adjudication; and
- the requirements of an enforceable adjudication decision.
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b) |
Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of a statutory adjudication. |
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c) |
Show a confident ability to refer to, use and express legal procedural principles, rules and arguments relevant to the conduct of a statutory adjudication.
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Syllabus
Methods of dispute resolution |
Introduction to adjudication |
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Example: UK |
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Fields |
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Construction
Consumer |
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| Statutory basis |
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Example: Construction UK |
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Housing Grants, Construction and Regeneration Act 1996
Scheme for Construction Contracts ( England & Wales) Regulations 1998
Human Rights Act
Government (DTI) review |
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| Adjudication procedures
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Rules
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Adjudicator |
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Selection
Qualifications
Performance
Appointment
Agreement
Training |
The adjudication process |
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Nature
Limitations |
Jurisdiction and powers |
Natural justice |
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Principles
Practice |
Decisions |
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Making decisions
Decision writing |
Enforcement |
Appeals
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Ethics |
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Concepts
Protocols |
Adjudication in other jurisdictions |
Assessment
Assessment of this module is by a combination of one written coursework assignment and a final 3-hour written examination, contributing 20% and 80% to overall marks respectively.
The final open-book examination is to contain a range of compulsory short questions (40% of this examination) to check understanding across all elements in the syllabus above, together with two (30% each) out of three longer 'problem' questions aiming to test participants’ ability to apply their knowledge.
The pass mark for this Module is 55% which must be achieved in both the 3-hour examination and overall.
Suitable modes of delivery
This module may be delivered by a mixture of home study and face-to-face tutorials. It is typically given over a period of four months, with three tutorials in months one, two and three.
Entry qualifications
This course is intended for individuals who wish to acquire a full and detailed understanding of statutory adjudication law in their respective jurisdictions and fields, having previously studied obligations and evidence law at first year least university level and worked in a legal environment for several years OR recently successfully completed CIArb's Module: 1 Laws of Obligations and Evidence.
The module details the respective law of statutory adjudication. It is therefore valuable for anyone wishing to understand the process, whether as a party, advocate, witness, judge or potential adjudicator.
Membership
Before commencing this Course, participants are expected to be registered with the Institute as Associate members, ACIArb.
Successful completion of this module contributes towards eligibility to progress to Member status, MCIArb.
See separate information for further details about routes to membership.
Essential Reading
The relevant adjudication code(s), Act(s) and other legislative provisions, major case decisions (where applicable).
Further Reading
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Example: Construction UK
Construction Adjudication – Law & Practice (Sept 2007) by Issaka, Klein, Russell
Construction Adjudication (Second Edition) by Riches & Dancaster |
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