IDE Contracting Ltd v RG Carter Cambridge Ltd

Citation: 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 QC

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