A Review: Treatment by Courts, of Adjudication, as an Alternative Form of Dispute Resolution in Construction Disputes

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Countries around the world have been introducing adjudication as part of their legislative framework around ADR mechanisms in the construction industry., These include the likes of the United Kingdom, Australia, Singapore and Ireland. Conversely, other jurisdictions have experienced an increase in the use of adjudication proceedings in the construction industry as a dispute resolution mechanism without any statute regulating the process. Adjudication as an ADR mechanism in Africa has already been discussed in relation to Nigeria and Kenya in previous African Construction Law articles. This article unpacks construction adjudication in three further African countries, namely, South Africa, Tanzania and Namibia, and considers how far it has developed in these jurisdictions as well as the enforcement landscape drawing from case law, where applicable.

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