Tag Archives: jurisdiction

UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice

The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not receive the referrals when they were served on the adjudicator. The court also rejected Newlon’s … Continue reading

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UK High Court reviews whether a company can be wound up for failure to comply with adjudication award

In a judgment only recently published via the Building Law Reports,  the High Court has ruled that a winding up procedure applicable to companies should not be used where there is a triable issue as to the validity of an … Continue reading

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UK: adjudicator allowed to rule on his own jurisdiction

If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for enforcement of the decision, the court will not re-open the adjudicator’s finding: WSP v Dalkia [2012] EWHC 2428 TCC. … Continue reading

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UK High Court reviews temporary binding effect of adjudicator’s decision

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration. Indeed, the UK Construction Act provides that adjudicator’s decisions are binding on the parties … Continue reading

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UK: further case on enforcement and severability of adjudicator’s decision

In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction [2012] EWHC 1039 and Beck v UK Flooring [2012] EWHC 1808 (TCC)) the English High Court has ruled that an adjudicator’s decision can be enforced in part only, severing the part reached … Continue reading

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UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice

The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd [2012] EWCA Civ 1371 has held that where an adjudicator produces a decision that is unenforceable due to a breach of the rules of natural justice, then his … Continue reading

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Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute

In Clarke v JMD [2012] EWHC 2627 (TCC)  the court found that the parties had not entered into an ad hoc adjudication, contrary to the adjudicator’s finding. As such, the adjudicator had no jurisdiction to make a decision. The judgment raises interesting … Continue reading

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Scottish court reviews the applicability of natural justice to an adjudicator’s decision

An adjudicator’s decision will only rarely be challengeable on the ground of inadequate reasons. It would have to be shown that the reasons were so incoherent that the reasonable reader could not make sense of them. Likewise the decision cannot … Continue reading

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Two recent cases consider Barclays Bank PLC v Nylon Capital LLP [2011] EWCA Civ 826

We previously reported on the Court of Appeal decision in Barclays v Nylon. In that case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties. It … Continue reading

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Adjudicator answers correct question so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC

Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, brought by a contractor against an employer. The adjudicator had decided the dispute in favour of the contractor, but the employer … Continue reading

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