Errors in Adjudicator’s Decisions: Right Question, Wrong Answer

Ever since the judgment of Dyson J in Bouygues when confronted with an application for summary judgment of an adjudicator’s decision with an error in it, there has been a debate about when such decisions should be enforceable. This paper by Darryl Royce goes through the case law in some detail, taking a critical look at the Nikko doctrine and the applicability of expert cases. It goes on to look at the disadvantages of the present arrangements for dealing with errors in adjudication decisions, and proposes a new approach.

Introduction – Bouygues at first instance – Bouygues on appeal – The Nikko doctrine – The TCC jurisdiction on enforcement – Applicability of expert cases – The meme – Is Nikko right? – Summary thus far – Disadvantages of current approach – A new test? – Another solution: review – Conclusion.

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A paper based on a talk given to a Technology and Construction Bar Association training session in 2015.