When may a matter decided in one adjudication be referred again?
An adjudication decision binds the parties on the dispute actually decided unless and until the contractually prescribed final determination occurs. A second referral must not ask another adjudicator to decide the same or substantially the same dispute again.
A new valuation stage or materially different claim may be referred, but better evidence or a revised argument does not by itself create a new dispute
The Scheme requires an adjudicator to resign if the dispute is the same or substantially the same as one already decided. The comparison is substantive. Identify what the first adjudicator actually decided, including matters that formed a necessary part of that decision, and compare the right asserted, valuation stage, time period, events and relief in the later referral. An interim valuation and a final account valuation can concern different disputes. A party cannot obtain a second decision on the same dispute merely by improving its evidence, changing its legal argument or altering the amount claimed.
| Issue | Position |
|---|---|
| Same right, period and relief | Second referral barred |
| Later valuation stage | May be a different dispute |
| New event or later period | May be referable |
| Better evidence only | Does not itself create a new dispute |
| Reformulated argument only | Does not itself create a new dispute |
The rest of this solution is for members
Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.
See what Premium includesAlready a member? Sign in