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Construction Act review: Effectiveness of existing adjudication review mechanisms: views of industry experts

journal contribution
posted on 06.02.2018, 00:00 authored by Samer SkaikSamer Skaik
Some jurisdictions allow for an express limited right of aggrieved parties to apply for adjudication review as a way to remedy injustice caused by the speedy adjudication process. The aim of this paper is to examine the effectiveness of the existing review mechanisms and identify whether the notion of review mechanisms is a good idea. The paper adopts a combination of doctrinal legal research (black-letter law) and socio-legal research (empirical research). The empirical research involves interviews with 23 industry experts practicing in different jurisdictions in the area of statutory adjudication. The paper analyses the views of experts regarding the operation of review mechanisms in their jurisdictions and investigates the factors influencing their effectiveness. The paper concludes that if an effective review mechanism is devised to counter the barriers of cost and time, the arguments in support of the need of review mechanism would outweigh opposing arguments.

History

Volume

33

Start Page

235

End Page

248

Number of Pages

14

ISSN

0267-2359

Publisher

Sweet and Maxwell

Peer Reviewed

Yes

Open Access

No

Era Eligible

Yes

Journal

Construction Law Journal