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

Herbert Smith Freehills LLP
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United Kingdom
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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

Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute

Herbert Smith Freehills LLP
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United Kingdom
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October 8 2012

In Clarke v JMD 2012 EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the adjudicator’s finding

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Workarea - Litigation
Workarea - Arbitration
Workarea - Construction
Firm Name - Herbert Smith Freehills LLP
Jurisdiction - United Kingdom
Author - Sonya Leydecker

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

Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute

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