Fraudulent misrepresentation deprived adjudicator of jurisdiction

In Eurocom Ltd v Siemens plc [2014] EWHC 3710 (TCC) Ramsey J held that the appointment of an adjudicator by a nominating body was invalidated when the party referring the dispute to the nominating body had made fraudulent misrepresentations to the nominating body in an attempt to eliminate potential adjudicators on the basis that they had a conflict of interest when in fact they had none. The effect of the misrepresentation was to invalidate the appointment of the adjudicator so that he had no jurisdiction to reach the decision he purported to reach. The misrepresentation had the effect of depriving the adjudicator of jurisdiction whether or not the nominating body had been deceived by the information provided to it. The nominating body itself had not breached the principles of natural justice as its duty was limited to a proper exercise of its discretion to make the nomination and did not extend to consultation with the other party on the appointment process in order to achieve a balance between the parties in relation to the appointment of an adjudicator.