Adjudication vs arbitration – what's the difference?



Michelle Kerr, MDA Consulting, senior associate, explains the key differences between arbitration and adjudications.

Adjudication and arbitration are both procedures which are used in the construction industry for the resolution of disputes. Although not required by law, adjudication tends to be used as a procedure of first instance with arbitration taking the form of appeal process.

The most significant differences between the two procedures also dictate the main advantages offered by them. What adjudication and arbitration have in common is that both are only applicable to a dispute by agreement between the parties (this is usually stated in the contract).

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