INABILITY OF ADJUDICATOR TO ACT MUST BE COMMUNICATED TO BOTH PARTIES

IDE Contracting Ltd v RG Carter Cambridge Ltd [2004] All ER (D) 224 (Jan)

In IDE Contracting Ltd v RG Carter Cambridge Ltd [2004] All ER (D) 224 (Jan) Judge Havery QC held that it was implicit in paragraph 2 of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998, No. 649) that the inability of a chosen adjudicator to act must be indicated to all parties before the step is taken by one party of inviting a substitute to assume the role of adjudicator. On the facts of the case the claimants alone had been in contact with the nominated adjudicator and had then communicated to the defendants the inability of the adjudicator to act. It was held that the defendants were entitled to object to the appointment of the substitute adjudicator and, given that they had not agreed to be bound by the ruling of the substitute adjudicator on the issue of his jurisdiction, the award of the adjudicator could not stand.