Potential for construction statutory adjudication in Pakistan: taking lessons from the UK

Abstract

This study examines the UK’s statutory adjudication process to identify the possible benefits of the introduction of a similar system in Pakistan with the assumption of having the full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail is outside the scope of this study. A literature review, summarised within the paper, was undertaken to identify factors contributing to conflicts in Pakistan’s construction sector and the reasons behind the inefficiency of the present dispute resolution methods. Data were collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the UK. Each interview was analysed through cognitive mapping and central and domain analysis using the Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of the introduction of statutory adjudication in Pakistan. The preamble of the questionnaire defined the basics of statutory adjudication for the participants. The 70 valid responses received were then analysed using the Statistical Package for Social Sciences software. This research showed that payment issues are the biggest source of disputes in Pakistan’s construction sector. The financially weaker party is often subjugated to be deprived of its rights, mostly due to the absence of an accessible justice system. The introduction of statutory adjudication could be beneficial for Pakistan’s construction sector, as it will provide an accessible, cost-efficient and swift method of dispute resolution.