Clip length/Date:(24:25min - 09/11/09)

Summary: On the heels of last month’s release of the CPR Institute’s new Global Rules for Accelerated Commercial Arbitration, the International Dispute Negotiation podcast returns to look at arguably the fastest method of commercial dispute resolution, England’s adjudication, which is used in construction disputes to provide a faster and better result than litigation or arbitration.

IDN host Michael McIlwrath speaks with
Nicholas Henchie, a partner in the London office of Mayer Brown. They analyze the benefits and the needs for limited processes, including, at the end, the new CPR Institute global accelerated rules.

One of the big benefits of the accelerated adjudications, Henchie explains, is that claims are better defined, allowing for better resolutions. Expedited adjudication, which can be invoked by contract or by U.K. law, has evolved to prevent “ambushes,” Henchie explains. Ambushes occurred when the law came into effect in the 1990s, he says, where parties would fully prepare claims, backed by experts, and dump them on their adversaries, forcing parties into the short-term, 28-day adjudications before the claim had been effectively assessed.

Now, says Henchie, the “meaning and definition of crystallization of a dispute” is better defined: “ You can only commence adjudication if there is a dispute, and for the dispute to crystallize there has to obviously be a claim by a party and a rejection of that claim,” he says.

In short, explains Henchie, adjudication requires an evolution of the negotiation: shorter, but more evolved.

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