• Skip to primary navigation
  • Skip to main content
  • Skip to footer
global construction
dispute avoidance
and resolution
  • Dispute Avoidance
    • Dispute Boards
    • Negotiation
    • Conflict Avoidance
    • Conciliation
  • Dispute Expertise
    • Architect Expert Witness & Litigation Support
    • Forensic Investigation
    • Technical Audits & Advisory Reviews
  • Dispute Resolution
    • International and Domestic Arbitration
    • Adjudication
    • Mediation
    • Dispute Boards
    • Expert Determination
  • About
  • Team
    • Murray Armes
    • Jim Armstrong
    • Jason Bagge
    • David Cheah
    • Michael Clift
    • Matt Cousins
    • Antony Davis
    • Orla Fitz.Gerald
    • Murray Fordham
    • Stuart Hill
    • Joan Kennedy
    • Andrew Paul
    • Mark Phillips
    • Magdalena Prus
    • Jon Satow
    • Philip Veall
  • Insights
  • Contact

The Expert Witness in Adjudication

by Murray Armes

When introduced in 1998, adjudication was intended to be a quick and cheap method of dispute resolution to help cash strapped contractors and subcontractors avoid insolvency. Since then, because domestic adjudication is the subject of a good deal of case law, the process has become increasingly legalistic and its popularity has led to more complex disputes being referred than was probably ever envisaged when the process was conceived by Latham.

Adjudication is now used not only for straightforward disputes but for some that are technically complex and which often cannot be resolved within the prescribed twenty eight day period. Despite critics asserting that adjudication is not a suitable forum for the resolution of complex disputes and in particular professional negligence cases, many such cases are being referred.

Technical expert witnesses are used in order to demystify complex issues for both those instructing them and to explain those issues to the tribunal, be it a judge, arbitrator(s) or an adjudicator. Although such instructions have become almost universal in court and arbitration cases, the use of experts has not always been the norm in adjudication and the question arises as to whether experts are required at all and if they are, whether the role is different to that in arbitration and litigation…

Articles

Good Record Keeping or Consensus Ad Idem?
by Andrew Paul
Read more
Understanding Mediation: Two sides to every story
by Murray Armes
Read more
The Concept of Dispute Avoidance
by Murray Armes
Read more
Counting The Cost
by Murray Armes
Read more
Practical Completion: a contextual art?
by Andrew Paul
Read more
Everybody Has Won and All Must Have Prizes
by Murray Armes
Read more
Putting Your Money Where Your Mouth Is
by Murray Armes
Read more
The Challenge of Culture Change
by Matt Cousins
Read more
By Act or Omission: a contractual obligation
by Andrew Paul
Read more

Footer

Services:

  • Architect Expert Witness
  • International & Domestic Arbitration
  • Dispute Boards
  • Adjudication
  • Mediation
  • Forensic Investigation

Explore:

  • Our approach
  • Articles
  • Memberships & Affiliations

Legal:

  • Privacy Policy
  • Complaints Procedure

Contact:

3rd Floor, Aldwych House,
71-91 Aldwych,
London, WC2B 4HN
United Kingdom

Enquiries:

sense@sensestudio.co.uk
+44(0)20 7438 1550

Copyright © 2022 Sense Studio Limited, Company Registration No. 08121493