Adjudication – what’s to be done? An ANB responds

Robert Stevenson

What are adjudicator nominating bodies doing to address negative perceptions among users of adjudication? Robert Stevenson of TECSA responds to concerns

In a recent article, Tony Bingham highlighted the perception among users of adjudication that some adjudicators nominated by adjudicator nominating bodies (ANBs) are lacking in competence and produce poor decisions, and that they do not dispel perceptions of bias. Tony asked, “what’s to be done?” and questioned whether it’s time to shake up adjudication.

The Technology and Construction Solicitors’ Association (TECSA) is an ANB and has a multidisciplinary adjudicator panel. Its panel includes retired Court of Appeal and Technology and Construction Court judges, solicitors, barristers, quantity surveyors, architects, engineers and other industry professionals. According to recent surveys into UK adjudication by King’s College London, TECSA is the third-ranked ANB, in terms of the number of adjudicator appointments it makes each year.

I am member of TECSA’s committee, and I sit on its adjudication subcommittee, which deals with its adjudication affairs. I can confirm that we are alive to the concerns raised by Tony and that we have taken and are taking steps to address them.

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