Litigation or arbitration Free Essay Example, 3000 words

The decisions of adjudicators are usually final. Party can approach the courts for arbitration of the dispute, in which case the dispute will be heard afresh, rather than as an appeal against the adjudication. Alternatively, formal litigation can also be commenced in the courts. In the case of Northern Developments reference was made to the opinions expressed on adjudication in the case of Sherwood and Casson Ltd v Mackenzie; a decision that is erroneous even if the error is disclosed in the reasons, will still not ordinarily be capable of being challenged and should, ordinarily, still be enforced. the adjudication is intended to be a speedy process in which mistakes will inevitably occur. Thus, the court should guard against characterizing a mistaken answer to an issue, which is within an adjudicator's jurisdiction, as being an excess of jurisdiction Through this, a distinction is made in that an adjudicator s decision will be held to be valid even if it contains an error of fact or law, but will be held to be invalid or unsound only if the adjudicator made a decision that he had no jurisdiction to make. We will write a custom essay sample on Litigation or arbitration or any topic specifically for you Only $17.96 $11.86/page An arbitrator s decisions will not be subject to dispute in the Courts because that would undermine their enforceability. Therefore, in spite of the fact that an adjudicator s decisions may be lacking in some areas of the procedure.