Discain Project services Ltd v. Opecprime Development Ltd [2001] EWHC Technology 435 (11th April, 2001)

Discain Project services Ltd v. Opecprime Development Ltd [2001] EWHC Technology 435 (11th April, 2001)

Although there was no actual bias, the adjudicator's conduct—specifically, private telephone conversations with one party and failure to share relevant information—created an appearance of bias and a substantial breach of natural justice. This justified refusing to enforce the adjudicator's decision.

Citation
[2001] EWHC Technology 435
Parties
Claimant: Discain Project Services Ltd; Defendant: Opecprime Development Ltd
Jurisdiction
England and Wales
Procedural Posture
Claim to Enforce Adjudicator's Decision / Trial Judgment After Summary Judgment Application and Leave to Defend
Outcome
claim dismissed
Legal Topics
Adjudication Enforcement, Natural Justice, Apparent Bias, Housing Grants Construction and Regeneration Act 1996, Scheme for Construction Contracts
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Apparent Bias Housing Grants Construction and Regeneration Act 1996 Scheme for Construction Contracts

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Parties

Discain Project Services Ltd

Claimant

Opecprime Development Ltd

Defendant

Procedural Posture

Claim to Enforce Adjudicator's Decision / Trial Judgment After Summary Judgment Application and Leave to Defend

Legal Issues

  1. 1 Whether the adjudicator breached the rules of natural justice by failing to act impartially and/or failing to share relevant information with both parties
  2. 2 Whether such breach, if any, should prevent enforcement of the adjudicator's decision

Ratio Decidendi

Although there was no actual bias, the adjudicator's conduct—specifically, private telephone conversations with one party and failure to share relevant information—created an appearance of bias and a substantial breach of natural justice. This justified refusing to enforce the adjudicator's decision.

Court Disposition

claim dismissed

Orders

  • Judgment for the defendants; the adjudicator's decision is not enforced.