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Adjudication in Construction Law


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CHAPTER 11

Rules and fallacies

Rules and fallacies


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11.1 Introduction

11.1.1 About this chapter

11.1 This chapter is a departure from the general approach of this work, in that it presents some reflections on the development of the law relating to adjudication, rather than setting out that law as decided in the cases. In particular, it considers the introduction of what might be considered as somewhat arbitrary rules to support the adjudication process, namely those relating to the phrases ‘right question', ‘only one dispute’ and ‘under the contract'. The question arises as to whether these ‘rules’ can be justified as well-founded or are fallacies.

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