The UK Supreme Court gives guidance on apparent bias in the Deepwater Horizon arbitration.
Just prior to Christmas, the High Court ruled that prior appointments of an adjudicator as an expert witness gave rise to a conflict of interest which should have been disclosed to the parties. This decision rather flies in the face of traditional norms of independence of the legal profession. It is also cause for concern in a small, specialised sector of the legal community.
In traditional forms of construction contract, the Engineer/Architect holds a special position of independent professional. An increasing number of contracts are moving away from this approach, either by doing away with the role altogether, or by recognising the role of Project Manager. This paper was delivered to an AMINZ breakfast meeting in March 2010; it has grown slightly since.