It’s been a mixed year for adjudicators in terms of enforcement and natural justice. In ABB v BAM Nuttall, it was held that the adjudicator had breached the rules of natural justice when he relied on a clause of the sub-contract that neither party had referred to or relied upon. In CG Group v Breyer Group, the decision went the other way. The adjudicator had not breached natural justice and the court confirmed that it would not carry out a minute examination of the parties’ arguments when determining whether the particular point selected by the adjudicator was highlighted by a party.
On the positive side for adjudicators, the general consensus among them at the end of 2013 seems to be that last year’s decision in PC Harrington v Systech has had limited practical effect. This was the case where the court suggested that an adjudicator would not be able to recover his or her fees if the decision was found to be unenforceable.