ADJUDICATION AND BREACH OF NATURAL JUSTICE

Discain Project Services Ltd v Opecprime Developments Ltd [2000] BLR 402

In Discain Project Services Ltd v Opecprime Developments Ltd [2000] BLR 402 Judge Bowsher QC refused to enforce an adjudicator’s award in the face of an allegation of a breach of natural justice by the adjudicator. There is therefore a vital difference between a mistake made by the adjudicator in applying the law to the facts of the case (where the court will not intervene) and a breach of the rules of natural justice (where the court will not enforce the decision of the adjudicator, at least where the decision might have been different had the rules of natural justice been complied with).