Winter 2011

In this issue, we have chosen to look at a wide variety of questions that arise in respect of claims, adjudications and disputes. We look at a recent case where one of the parties sought to argue that the selection process for the arbitrators should not be followed because the process conflicted with some specific legislation. The Supreme Court decided otherwise and this case shows how the parties’ freedom to select arbitrators has ‘trumped’ or circumvented the challenge from legislation.