Fenice Investments Inc v Jerram Falkus Construction Limited (No. 4)

Citation: EWHC 1678 (TCC)

Nature of case:
The court held that in the absence of an express agreement between the parties regarding the payment of an adjudicator’s fees, a party will nonetheless be taken to have made an agreement by conduct with the adjudicator if he participates in the adjudication, thereby requesting the adjudicator to act. It would be an implied term of that agreement that the party concerned would pay the adjudicator’s reasonable fees and such a position would stand even where the relevant party made a jurisdictional challenge.

Link to Judgment 

Counsel

William Webb

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