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Results: 1-10 of 61

A determination by an adjudicator that he has no jurisdiction is a 'determination' for which the adjudicator is entitled to his fees
  • Minter Ellison
  • Australia
  • July 13 2016

A determination by an adjudicator that he has no jurisdiction is a 'determination' for which the adjudicator is entitled to his fees. The commercial


Adjudicator's failure to provide reasons for decision amounts to jurisdictional error
  • Minter Ellison
  • Australia
  • June 20 2016

This case confirms that an adjudicator's failure to include adequate reasons for his or her decision will amount to jurisdictional error and that


Adjudicator's error - who bears the loss?
  • Minter Ellison
  • Australia
  • June 20 2016

This case highlights that where an error is made by an adjudicator, such that part of the adjudicator's decision is set aside, it does not follow that


Supreme Court of New South Wales confirms availability of error of law on the face of the record to quash adjudication determinations
  • Minter Ellison
  • Australia
  • June 17 2016

On Wednesday the Supreme Court of New South Wales handed down its decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd 2016


Court enforces contractual dispute resolution regime
  • Minter Ellison
  • Australia
  • June 15 2016

The applicant, Santos Limited (principal) and the respondent, Fluor Australia Pty Ltd (contractor) were parties to a contract relating to the GLNG


Court of Appeal confirms need for an arbitration or expert determination agreement to exclude disputed variation claims under the Victorian Security of Payment Act
  • Minter Ellison
  • Australia
  • May 27 2016

In November last year, the Victorian Supreme Court handed down a judgment which held that mediation was not 'a method for resolving disputes' for the


Punctuality is key: Adjudicators to engage with the issues within time
  • Minter Ellison
  • Australia
  • May 27 2016

The Supreme Court of Western Australia has confirmed that the time prescribed by section 31(2) of the Construction Contracts Act 2004 (WA) (Act) for


The Supreme Court of Victoria makes the task of an adjudicator all the more difficult
  • Minter Ellison
  • Australia
  • March 17 2016

On 11 March 2016, the Supreme Court of Victoria handed down its decision in Krongold Constructions (Aust) v SR & RS Wales 2016 VSC 94 which places


Ultrapetrol SA v Jindal Steel & Power (Mauritius) Ltd 2015 FCA 1091
  • Minter Ellison
  • Australia
  • November 25 2015

Recognition of foreign arbitral award - International Arbitration Act 1974 (Cth) - section 8 - service effected, but not required - default of


What happens when an adjudicator finds in favour of a party and that party decides it doesn't like the determination?
  • Minter Ellison
  • Australia
  • November 6 2015

In this case analysis, Simon Moses concludes that the decision of New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd