The CIArb London Branch held a seminar, generously hosted by DWF LLP, entitled ‘Adjudication – Avoidance, Delay, Enforcement?’ on 22 February 2017.
|[L to R: Lindy Patterson QC (CMS), Mark Hackett (MHA), Irvinder Bakshi (London Branch Chairman), Mark Klimt (DWF), Anneliese Day QC (Fountain Court)] |
The seminar, which was introduced by Andrew Davis (Partner, DWF) and chaired by Irvinder Bakshi (London Branch Chairman), examined adjudication in the context of disputes, with particular focus on its usage, avoidance and whether enforcement of an adjudication award was inevitable.
The distinguished panel comprised Mark Klimt (Partner, DWF), Mark Hackett (Founder, Mark Hackett Associates LLP, Lindy Patterson QC (Partner, CMS Cameron McKenna LLP) and Anneliese Day QC (Fountain Court Chambers).
Providing a number of case studies, Mark Klimt began by identifying a number of important practical and tactical considerations arising when defending adjudications, including the importance of being aware of conduct that may lead to the crystallisation of a dispute, notifying insurers when relevant and assessing the merits and weaknesses of claims at an early stage.
Mark Hackett focused on the role of an expert in the adjudication process, identifying practical considerations arising when acting as an expert for the referring and responding parties, together with providing an insight into issues involving experts such as the difficulties raised when an opposing party’s expert is operating on artificially limited instructions.
Drawing on her extensive experience, Lindy Patterson QC considered the role of the adjudicator as a dispute resolver in domestic and international adjudications, providing an insight into the qualities that a good adjudicator should possess: the ability to manage time and people, to grasp technical issues without getting distracted by peripheral matters and to treat the parties fairly and courteously, taking on board their submissions.
Anneliese Day QC concluded the seminar by providing an overview of the typical issues arising in respect of the enforcement of an adjudication award, with particular focus on the prospects of success of typical challenges based on lack of or excess jurisdiction and breaches of natural justice.
A thought-provoking question and answer session followed the speakers’ presentations, after which Irvinder Bakshi thanked the speakers and host and Andrew Davis reflected on the session. The evening concluded with a reception for the speakers and attendees, generously hosted by DWF LLP.