Breaches of natural justice in alternative dispute resolution of construction disputes
Date
2013
Authors
Coggins, J.K.
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Journal article
Citation
Building and Construction Law Journal, 2013; 29(3):247-255
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Abstract
Arbitration, expert determination and statutory adjudication are three of the most commonly used forms of alternative dispute resolution (ADR) used in the construction industry. For a quasi-judicial ADR process to be effective, it needs to provide an appropriate balance between procedural fairness and the need for finality of outcome. This is not necessarily the case where the parties have agreed to allow a third party to determine their dispute in a more informal procedural manner. This article considers the extent to which the court requires the rules of natural justice to be applied in arbitration, expert determination and statutory adjudication.
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