Adjudication is often described as a “pay first, argue later” mechanism for resolving disputes in the construction industry, and is designed to protect cash-flow during construction. By law, parties to a UK construction contract have the right to refer a dispute to adjudication “at any time”. When they do, the adjudicator must be appointed within 7 days and provide a decision within 28 days, unless agreed otherwise. Adjudicators’ decisions are binding until such time as the dispute is finally determined by legal proceedings, arbitration or by agreement, though they are frequently accepted by the parties.
Dispute Boards are mostly used in construction and infrastructure projects and are gaining in popularity. Also known as Dispute Resolution Boards, Dispute Review Boards, and Dispute Adjudication Boards, each Board consists of 1-3 individuals who assist contracting parties throughout the life of a project to avoid, manage and resolve disputes in real-time by identifying and addressing issues early on.
The LMAA recognises the role that Dispute Boards can play in areas such as shipbuilding and the commissioning and decommissioning of offshore platforms and wind farms; and it is possible that they may be provided for in other long-term shipping contracts.
The following Full Members are prepared to accept appointment as adjudicator or DRB member:
Sara Gillingham Aukner