|
 Print this page
|
MODULE 3 – Statutory Adjudication
Practice, Procedure, Drafting and Deciding
Overall aim
To provide a detailed knowledge of and guided practice in the main procedural elements involved in an adjudication, enabling participants to be confident in giving effective advice about handling an adjudication and/or preparing legally satisfactory documents in connection with an adjudication.
Key learning objectives
On successful completion of this module candidates will be able to:
|
a) |
Describe and explain in depth all the key elements of procedure involved in the adjudicative process, including:
- drafting an adjudication agreement;
- detailing procedure;
- making submissions and procedural applications;
- making procedural decisions;
- presenting and receiving evidence; and
- everything usually required of all the performers in the process except writing a final decision.
|
|
b) |
Demonstrate practical skill in carrying out the tasks involved in preparing and progressing an adjudication.
|
|
c) |
Demonstrate skill in controlling the adjudicative process, communicating to other parties, providing judicial decisions clearly and fairly, and applying appropriate rules and procedures in a reasoned manner.
|
Syllabus
Schedules of Fees & Expenses |
General Drafting (grammar, spelling, punctuation) |
| |
Drafting in adjudications (words and phrases with specific legal meaning)
|
Interlocutories |
| |
Definition of the term
Responding to a nomination / selection
Conflict of interest
Preliminaries: adjudicator as manager |
| |
|
Detailing the procedure |
Submissions
|
| |
Purpose and application
Pleadings: |
|
|
Definition and purpose
Forms
Comparison with court procedure
General requirements
Disclosure of documents |
| |
|
|
|
General and specific disclosure |
Oral evidence |
| |
Factual and Expert
Examination of witnesses |
Interlocutory applications |
| |
Challenges (to jurisdiction, arbitrability, conflict of interest)
|
| Amendments to pleadings |
Security for costs |
| |
Purpose
Supplementary factors |
Reasonable costs |
|
Definition, limitation and determination |
Offers to settle |
|
Comparison with court procedures
Purpose and requirements for validity
Types (privileged, ‘sealed’, open) |
Case stated to the Court |
| |
Definition and purpose |
Inspection of physical real evidence |
| |
Procedural requirements |
Main stages in an adjudication |
Issues in dispute |
| |
Defining, ordering and handling issues
Summarising evidence
Dealing with legal submissions
Analysing and deciding issues |
| |
|
|
Structure of arguments |
How to deal with arguments |
How to deal with a claim |
Assessment
Assessment for this module involves a combination of two different approaches. It consists of three elements:
| |
1. |
Two coursework assignments (10% each), one to be submitted before the second tutorial, the other during the oral assessment workshop (3 below).
|
| |
2. |
A 3-hour written open-book examination (80%) with questions on each of the sections of the above defined syllabus.
|
| |
The pass mark for these two elements is 55% which must be achieved in both the 3-hour examination and overall. |
| |
3. |
An interactive 1½-day oral practice-cum-assessment workshop, where situations will be presented to participants for their consideration in groups as to what to do in such circumstances. Participants are assessed in terms of their knowledge, judgment and interactive/self-presentation skills.
|
| |
Assessment of this element is on a pass or fail basis. |
Suitable modes of delivery
This module can be completed in a period of four months. It is delivered by a combination of guided reading, face-to-face tutorials in months 2 and 3, and the Workshop in month 4.
Entry qualifications
This Module focuses on the process, key documents and procedures in a modern, statutory adjudication – with the exception of writing a final and enforceable, reasoned Decision (covered in Module 4 - Adjudication).
It is therefore recommended for anyone involved in any of these facets of statutory adjudication, including lawyers drafting dispute resolution agreements, advocates in adjudications and potential adjudicators.
Membership
Participants should be registered as Members of the Institute (MCIArb).
Essential Reading
The relevant adjudication code(s), Act(s) and other legislative provisions, major case decisions (where applicable).
Further Reading
Example: Construction UK
Construction Adjudication – Law & Practice (Sept 2007) by Issaka, Klein, Russell
Construction Adjudication (Second Edition) by Riches & Dancaster |
