Enforcement of Construction Adjudication Decisions: Perspectives from the United Kingdom, South Africa and Uganda

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.

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Publication Details

Journal
European Journal of Applied Science Engineering and Technology
Published
2024-11-01
DOI
https://doi.org/10.59324/ejaset.2024.2(6).21
Citations
1
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
4.07
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article

Enforcement of Construction Adjudication Decisions: Perspectives from the United Kingdom, South Africa and Uganda

Charles Gavamukulya
1 citations
European Journal of Applied Science Engineering and Technology
Legal Issues in South Africa
4.07
article

Enforcement of Construction Adjudication Decisions: Perspectives from the United Kingdom, South Africa and Uganda

Charles Gavamukulya
article en
1 citations

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.

European Journal of Applied Science Engineering and TechnologyVol. 2(6)
Makerere University (UG)
Openalex Percentile: Top 6%
Legal Issues in South Africa
4.07
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