Platform Interior Solutions Ltd v ISG Construction Ltd

Platform Interior Solutions Ltd v ISG Construction Ltd

ISG did not waive its right to challenge the adjudicator's decision by paying the adjudicator's fees, given its express reservation of rights. The adjudicator did not breach natural justice, fail to exhaust jurisdiction, or fail to give adequate reasons. The decision is valid and enforceable.

Parties
Claimant: Platform Interior Solutions Limited; Defendant: ISG Construction Limited
Jurisdiction
England and Wales
Judgment Date
21 April 2020
Procedural Posture
Commercial Construction Enforcement / Judgment on Application to Enforce Adjudicator's Decision
Outcome
Application to enforce adjudicator's decision granted; challenge to validity rejected.
Legal Topics
Adjudication Enforcement, Natural Justice, Jurisdictional Challenge, Waiver, Contract Termination
Construction Law Contract Law Adjudication Enforcement Natural Justice Jurisdictional Challenge Waiver Contract Termination

Case Brief

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Parties

Platform Interior Solutions Limited

Claimant

ISG Construction Limited

Defendant

Procedural Posture

Commercial Construction Enforcement / Judgment on Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision is enforceable
  2. 2 Whether payment of adjudicator's fees amounts to waiver of right to challenge decision
  3. 3 Whether the adjudicator breached natural justice by deciding on a basis not argued by the parties

Ratio Decidendi

ISG did not waive its right to challenge the adjudicator's decision by paying the adjudicator's fees, given its express reservation of rights. The adjudicator did not breach natural justice, fail to exhaust jurisdiction, or fail to give adequate reasons. The decision is valid and enforceable.

Court Disposition

Application to enforce adjudicator's decision granted; challenge to validity rejected.

Orders

  • ISG's challenge to the adjudicator's decision is dismissed.
  • The adjudicator's decision is enforceable in favour of Platform.