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Adjudicator should disclose involvement in second adjudication involving one of the parties

Litigation Letter

Adjudicator should disclose involvement in second adjudication involving one of the parties

Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] BLR Plus 44, [2016] EWHC 2283 (TCC), 13 September 2016

This is an interesting decision which grapples with the question of an adjudicator’s conflict of interest and duty to disclose involvement in other related adjudication proceedings. The background was that Beumer applied for the enforcement of an adjudication decision against Vinci, but Vinci challenged enforcement on grounds of natural justice. Specifically, Vinci argued that the adjudicator should have disclosed his simultaneous involvement in another adjudication involving Beumer, because Beumer had advanced inconsistent cases in the two adjudications.

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