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Building Voices is a new podcast series that focuses on the topical issues impacting dispute resolution and dispute management in the construction and infrastructure industries, as well as general developments across these sectors. The series is hosted by members of our ICE Disputes Team (Frances Gordon-Weeks, Conor Rodgers, Emma Hutchinson, Anne Thompson, Emily Newey and Jane Fender-Allison) and features a range of guest speakers including internal CMS market-leading lawyers, as well as external Counsel and industry experts.
Episodes
Monday Jul 04, 2022
Monday Jul 04, 2022
Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outcome.
While considering why Dragados was able to successfully resist enforcement on this occasion, the podcast also serves as a healthy reminder that courts are typically reluctant to do so.
To read more about the decision, please see the judgment here and our recent article here.