KINGS COLLGE LONDON

CENTRE OF CONSTRUCTION LAW

MSc in Construction Law & Dispute Resolution

MODULE D 2014-2015: ASSESSED COURSEWORK

Choose ONE of the titles below for a second piece of coursework for this part of the
course. The maximum length is 3,000 (not counting the question itself or headings or
the Tables of Cases and Statutes or Bibliography, but including footnotes). Under
new rules, exceeding this limit will be penalised by 1 mark (out of 100) for every 100
words in excess of the limit.
This piece of coursework counts for 20 out of the 100 marks attributable to
Module D. Its deadline of 2pm on Friday 16 January 2015 is a firm one (Module C
- Teaching Day 2). You must deliver the coursework by hand (not email or fax) to
Sue Hart in the Centre in order to be given a receipt for it. You will lose the
possibility of these 20 marks forever if you do not do the coursework or are late
handing it in: see the Coursework Guide 2014-15. If you are unable to submit on time
due to illness or other good cause, you may be granted an extension under Regulation
19.1 of the Academic Regulations, but you must submit an ERF form, available from
www.kcl.ac.uk/policyzone.
Use only this years examination candidate number (V..) on your essay, and make
sure your name or other identifying details do not appear anywhere. You can find
your candidate number through Student Records (Contact the Exams Office if yours
doesnt appear (exams.office@kcl.ac.uk) with your student number as shown on your
ID card).

1.

Discuss the remedies available to a party to challenge an arbitral award for

alleged procedural irregularities under the Arbitration Act 1996 and the
UNCITRAL Model Law on International Commercial Arbitration.

2.

"One needs to bear in mind that Parliament in two Acts set out and then later
developed the statutory law in relation to construction contracts (the Housing
Grants, Construction and Regeneration Acts 1996 and the Local Democracy,
Economic Development and Construction Act 2009 ), and in particular the
right to adjudicate disputes (including differences). This was intended to be a
relatively summary process, for instance it being resolved within 28 days of
the reference. Adjudicators may not be and often are not legally qualified (for
instance the adjudicator in this case) and parties themselves may not be legally
represented in adjudications. Esoteric arguments on jurisdictional grounds
should be discouraged [...]" (Brims Construction Limited v A2M Development
Limited [2013] EWHC 3262 (TCC), para 24, per Akenhead J).
Review the case law of the English courts on the jurisdiction of the adjudicator
and discuss whether their policy approach and legal analysis have been in line
with the above statement.