Is A Previous Adjudicator's Decision Binding?

Arcadis UK Ltd v May and Baker Ltd [2013] EWHC 87 (TCC)

Once again, a recent jurisdictional challenge case shows the Courts' reluctance to interfere with an adjudicator's decision.

The Facts

May and Baker Ltd (trading as Sanofi-Aventis) engaged Arcadis UK Ltd to carry out works at its site in Dagenham, under an NEC3 Engineering and Construction contract. Additional works beyond both the northern and southern boundaries of the site were later instructed by the Project Manager who confirmed these as compensation events. Thereafter he sought to withdraw his confirmation. A dispute therefore arose over Arcadis' entitlement to claim for the two compensation events.

Arcadis commenced an adjudication in respect of the northern boundary works. Dr Derek Ross was appointed as the adjudicator and was asked to decide:

If the Project Manger could reverse his decision regarding the...