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Validity of provision requiring one party to bear the costs of adjudication

• Herbert Smith Freehills LLP
• -
• United Kingdom
• -
• June 21 2010

In Yuanda (UK) Co Ltd v WW Gear Construction Ltd 2010 EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a dispute to adjudication, it would be liable for its own legal and professional costs and those of the employer, regardless of the eventual decision