ADJUDICATION, THE GROUNDS OF CHALLENGE AND THE SUITABILILITY OF A DISPUTE FOR ADJUDICATION

McAlpine PPS Pipeline Systems Joint Venture v Transco plc [2004] All ER (D) 145 (May), 12 May 2004

In McAlpine PPS Pipeline Systems Joint Venture v Transco plc [2004] All ER (D) 145 (May), 12 May 2004, Judge Toulmin CMG, QC held that the claimant was not entitled to enforce a decision of an adjudicator because the defendant had demonstrated a real prospect of succeeding in defeating the claim for enforcement either on the ground that the adjudicator had acted beyond his jurisdiction or on the ground that he had failed to act fairly between the parties. In so concluding Judge Toulmin noted that adjudication may not be as advantageous for parties as is sometimes claimed and he helpfully summarised the grounds on which the courts have declined to enforce the decision of an adjudicator.