Tony Bingham
Tony Bingham is an arbitrator, adjudicator, mediator and barrister. Each of those involves dispute management, decision making, and dispute resolution. As well as that, he is a writer, commentator and lecturer.
CommentShedding new light on late payment
Provident vs Hexagon changes the game on late payment – do it twice, and the aggrieved contractor can walk
CommentRecusal and the Post Office
When a party to a dispute anticipates losing, it may – as a desperate measure – seek recusal on grounds of judicial bias
CommentThere’s a lot to learn: construction law resources on and offline
Tony Bingham highlights a newly published construction law compendium and sets out a range of online resources – many free
CommentThe Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw – the wish to win for their team. That’s part of what went wrong at the Post Office
CommentOn second thoughts… the slip rule in adjudication
Tony Bingham explores the limits of an adjudicator’s power to correct their own mistakes after the award has already been issued
CommentGetting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
CommentWhen does a party’s insistence on using preferred adjudicators shade into the risk of bias?
When does a party’s insistence on using preferred adjudicators shade into the risk of unconscious or perceived bias?
CommentRuling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of dispute – not just construction – can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham
CommentAdjudication: how did it all get so complicated?
Tony Bingham looks at an ordinary adjudication of mind-bending complexity and wonders how this haas become the new norm
CommentHow a new model law can provide oven-ready adjudication
Tony Bingham salutes the new ISAF model law on statutory adjudication, which is designed to be adopted by any country
CommentAdjudication: it isn’t always pay now, argue later
The loser in an adjudication case can seek a stay of payment if it plans to appeal and the winner is financially unstable
CommentTemporary finality in adjudication: Why you must pay now, argue later
A case where timing was all – from the temporary finality of the adjudicator’s decisions to the interim account dates
CommentBeware - some things only a solicitor can do
A claims consultant got on the wrong side of the law – risking prison – by getting a tad too far into the legalities
CommentAn adjudicator should deal with defects disputes, not the New Homes Ombudsman
This New Homes Ombudsman is a notion that’s all well and good, but its powers should not extend into defects disputes
CommentAdjudicator fees: paying the piper ahead of the tune
Adjudicators demand payment up front for good reason – but it’s not a lien, as those aren’t allowed. They should be
CommentWhen is a bully not a bully? Let’s look at Dominic Raab
Tony Bingham considers the curious question of Dominic Raab and how to tell the difference between bullying and effective management
CommentParty on down: why the Party Wall Act doesn’t stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
CommentDouble trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
CommentIf mediation drags on, don’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s to be done?
CommentWhen a final account certificate is far from final
A dispute about the final account on a Scottish school got murkier and murkier – not to mention ever costlier