Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square

Posted August 6th, 2013 in arbitration, construction industry, contracts, news by sally

“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”

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4 New Square, 30th July 2013