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16 November 2021

Research partnership to look at experience of adjudication and guide future approach

A new research partnership will look at the experience of adjudication in the UK, to provide information to users of the system, stimulate debate, and inspire improvement in the law and practice of adjudication.

Cranes are silhouetted against an orange sky

The Centre of Construction Law and Dispute Resolution, King’s College London (King’s CCLDR), and the Adjudication Society have launched a three-year research project looking at the practice and experience of adjudication in the United Kingdom.

Adjudication plays an important role in the resolution of construction disputes in the United Kingdom, but the system must cater for a variety of disputes while keeping faithful to its objective of providing a speedy and cost-effective dispute resolution mechanism.

The new project will report annually. Expert analysis will identify market trends, virtuous practices and areas for improvement or further research. There is, at present, no similar report available.

Professor Renato Nazzini, director of King’s CCLDR, said: “I am delighted that the Centre is teaming up with the Adjudication Society on this important project. Dispute Resolution is in the DNA – and in the very name – of the Centre and adjudication is central to the way in which disputes are resolved in the United Kingdom and other common law jurisdictions. I look forward to working with the Adjudication Society and all our stakeholders to provide information, insight and analysis that are useful to all the users of the system and can move the law and the practice in this field in the right direction”.

Hamish Lal, Chair of the Adjudication Society, said: “This is a seminal research project. 25 Years after enactment of the “Construction Act” it is important on many levels to collate and examine empirical data; explain what is happening; and isolate inflammatory markers so that all involved in statutory adjudication benefit. The Adjudication Society is honoured and privileged to collaborate with King’s College London.”

It is expected that the first report will be published in the autumn 2022 and presented at a conference of users of the system.

This Project builds upon previous work in the field, including reports published by the Adjudication Society, to carry out empirical research based on data from Adjudicator Nominating Bodies, the views of users - such as adjudicators, lawyers, in-house counsel, claim managers, and experts - and relevant case law. The objective of the research is to identify market trends, good practices and any key areas for improvement or further research. There is, at present, no such report available and, therefore, a clear need for such research and insight into adjudication practices for the benefit of the construction industry as a whole. The first report will be published in autumn 2022 and presented at a conference of users of adjudication.

King’s CCLDR was founded in 1987 and is currently led by Professor Renato Nazzini. Its main activities are the two-year part-time post-experience MSc programme, taught since 1988 at the Strand Campus, conferences, public lectures, publications and research projects on aspects of construction law, in the UK and globally. The key feature of the Centre is that it is interdisciplinary and has a global focus, with staff and students drawn from all sides of the construction industry and its professions, as well as those with dual qualifications in a range of fields.

The Adjudication Society aims to promote education, training, study and research (and publication of the useful results of such research), in the field of adjudication practice and procedure and related subjects worldwide.

In this story

Renato Nazzini

Director of the Centre of Construction Law and Dispute Resolution