Source: All England Reporter
Publisher Citation: [2012] All ER (D) 187 (Jan)
Neutral Citation: [2012] EWHC 84 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge: Akenhead J
Representation Samuel Townend (instructed by SNR Denton UK LLP) for the claimant.
  Jessica Stephens (instructed by Speechly Bircham LLP) for the defendant.
Judgment Dates: 26 January 2012

Catchwords

Arbitration - Adjudication - Enforcement - Claimant company entering contract with defendant board to remove remains of vessels under water - Contract containing provision giving claimant additional time and compensation in event delayed in performing obligations due to reasons outside control - Parties agreeing basis of assessment of delay related money claims, but defendant disputing delay periods - Adjudicator basing decision on method of assessment not put forward by either party - Claimant issuing proceedings to enforce decision - Whether valid challenge to decision existing on basis adjudicator exceeding jurisdiction or breaching rules of natural justice.

The Case

Arbitration Adjudication. Queen's Bench Division (Technology and Construction Court): In an action to enforce the decision of an adjudicator regarding the value of a final account, it was held that the decision could not be enforced because, not only had the adjudicator exceeded his jurisdiction by addressing and finding a method of assessment which formed no part of the dispute referred to him, he had breached the rules of natural justice by deciding the case not only on a basis not argued by either party, but also without giving each party the opportunity to make submissions at least on the method of assessment which the adjudicator considered that he ought to adopt.

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