The potential for construction statutory adjudication in Pakistan: drawing conclusions from the United Kingdom’s system

Abstract

The study examines the United Kingdom’s statutory adjudication process to identify possible benefits of the introduction of a similar system in Pakistan with the assumption of having full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail was 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 inefficiency of the present dispute resolution methods. Data was collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the United Kingdom. Each interview was analysed through cognitive Mapping, central and domain analysis using Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of 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 through Statistical Package of Social Sciences (SPSS) software. This research has shown 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.