When it comes to dispute resolution, many assume that getting a decision from the tribunal is the end of the process. The challenge often lies in enforcement. Once a dispute is resolved, how do you actually ensure payment is made?
In this session, Annie was joined by James and Jennifer to explore the practical realities of enforcement in adjudication awards. They highlighted the obstacles that may arise when the losing party refuses to pay. The discussion also covered what legal and strategic options there are and how can you prepare for enforcement issues.
Speakers
Jennifer Jones KC, Atkin Chambers
Jennifer Jones KC practises both domestically and internationally. She has a particular expertise in multi-party TCC litigation and in international arbitrations in the fields of large construction projects and energy disputes.
James Vernon, Beale and Co
James joined Beale & Co in 2003, qualifying in 2005, and is a Partner in the Construction and Engineering group and the Insurance/Professional Negligence group. James is admitted to practice in England and Wales and in Ireland.
Jennifer and James shared the tactics and techniques they use to ensure successful enforcement. They also considered the position in other forms of dispute resolution and around the world. Specifically looking into enforcement of adjudication awards, including the following points:
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Money disputes and the timeframe for payments.
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In the circumstance that the other side refuses to pay, how do you enforce the award?
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Costs recovery
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What are the issues with the enforcement process that might cause difficulties?
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The difference between internal and threshold
Thank you to Jennifer and James for their amazing insight in this discussion, and please tune into the next episode of ConstructionCast which will be coming very soon!