IDE Contracting Ltd v RG Carter Cambridge Ltd
[2004]
All ER (D) 224, [2004] BLR 172
Nature of case
Where an adjudicator named in the contract was only available to
act seven weeks after being contacted, the referring party
contacted the CIArb, whose nominee conducted the adjudication,
despite the defendant’s objection to his jurisdiction. The
decision was held to be invalid as the referring party had not
complied with the procedure in the Scheme: the named
adjudicator had not communicated an unwillingness to act to all
parties and there was therefore no entitlement to seek nomination
by the CIArb, whose adjudicator therefore lacked jurisdiction.
See other reports:
[2005] 102 Con LR 102 TCC
Counsel: Jonathan Lee
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