Adjudication is a simple and efficient method of settling disputes, without resorting to lengthy and expensive court procedure. Adjudication has become the construction industry’s preferred method of dispute resolution, as it recognises the nature of the disagreements that arise within the construction sector. Adjudication involves an independent third party considering the claims of both sides and making a decision. It is a time-sensitive process, with adjudicators making a decision within 28 days. The result of the adjudication process is a judgment and court opinion that is legally binding, and unless revised by arbitration or litigation there is no right of appeal.
Why is adjudication effective?
The adjudication process is quick – it takes just 28 days from start to finish (or up to 42 days if the referring party agrees
The speed of the adjudication process helps to ensure the progress of works is not disrupted, and therefore limits cashflow issues.
Parties are afforded more control over proceedings as a request for adjudication can be commenced during the course of works.
Parties can select the background and discipline of the adjudicator based on the technical expertise required.
It is a private and confidential method of dispute resolution.
Unless set aside by arbitration or the courts, the decision is binding.
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Find an Arbitrator, Mediator or Adjudicator from the CIArb Kenya Branch