Enforcement of Construction Adjudication Decisions: Perspectives from the United Kingdom, South Africa and Uganda
Year: 2024
Type: article
Abstract: This article examines adjudication as a form of Alternative Dispute Resolution (ADR) widely adopted in the construction industry for its efficiency, cost-effectiveness, and enforceability. It explores the enforcement of adjudication decisions across three jurisdictions: the United Kingdom, South Africa, and Uganda. The UK, with its mandatory statutory adjudication regime, demonstrates strong court support for enforcing adjudicator’s decisions. South Africa, where adjudication is contract-based, mirrors the UK's robust enforcement approach. In contrast, Uganda also adopts contract-based adjudication, primarily in donor-funded public works, but its courts show varying attitudes towards recognising adjudication as a first-tier dispute resolution mechanism, with enforcement remaining a lightly tested principle. The analysis highlights the comparative effectiveness of adjudication in fostering efficient dispute resolution.
Author: Charles Gavamukulya
Institution: Makerere University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405921253