Unless you have been trapped overseas by the volcanic eruption in Iceland for the last week or so, you will have seen the furore that Edwards-Stuart J’s judgment in Yuanda v WW Gear has caused and the column inches that have been written about it.
Matt Molloy and Jonathan Cope give an adjudicator's opinion on disputes and dispute avoidance in the construction and engineering sectors.
Archive for April, 2010
A dispute was referred to me recently that involved an alleged repudiatory breach of contract and an alleged wrongful suspension of work. I had to decide whether these matters, which the contractor argued were central to the dispute (and the parties’ resultant entitlements), were within the scope of what had been referred to adjudication and therefore fell within my jurisdiction. (more…)