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.
Authors
- Charles Gavamukulya
Institutions
- Makerere University (UG)
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