With technology disputes on the rise, the imminent launch of a new, innovative adjudication procedure for the resolution of contractual technology disputes in England & Wales could not be more timely.
The scheme has been the result of a 2-year collaboration between Hausfeld’s technology partner Michael Bywell, Matthew Lavy from 4 Pump Court, Michael Lazarus from 3 VB and David McIlwaine from Pinsent Masons with the support of the Society for Computers & Law (SCL).
This three-month procedure, using an adjudicator from a pre-selected panel of adjudicators to be set up and maintained by SCL, will result in a provisionally binding decision. If the parties wish to reopen the dispute in subsequent litigation or arbitration, they must do so within 6 months (i.e. the consequences are the same as in UK statutory construction adjudication). The aim is to offer a timely and cost-effective procedure.
The key features are summarised in today’s announcement by SCL. Next steps are applications for the adjudicator panel, anticipated to open in September 2019, once all material relating to the procedure including eligibility criteria, application forms, rules, guidance notes and a schedule of charges have been published by SCL on their website.