Eurocom Ltd v Siemens Plc
The adjudicator's appointment was invalid due to fraudulent misrepresentation by Eurocom's representative to the RICS regarding conflicts of interest, rendering the adjudicator without jurisdiction; Siemens established real prospects of successfully defending the claim, defeating Eurocom's application for summary judgment.
- Parties
- Claimant: Eurocom Limited; Defendant: Siemens PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2014
- Procedural Posture
- Commercial Construction Dispute / Application for Summary Judgment to Enforce Adjudicator's Decision
- Outcome
- Application for summary judgment dismissed
- Legal Topics
- Adjudication, Jurisdiction, Fraudulent Misrepresentation, Natural Justice, Implied Terms, Stay of Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Eurocom Limited
Claimant
Siemens PLC
Defendant
Procedural Posture
Commercial Construction Dispute / Application for Summary Judgment to Enforce Adjudicator's Decision
Legal Issues
- 1 Whether the appointment of the adjudicator was invalid due to fraudulent misrepresentation
- 2 Whether the adjudicator's decision in the second adjudication overlapped with the first adjudication
- 3 Whether the adjudication procedure breached natural justice
Ratio Decidendi
The adjudicator's appointment was invalid due to fraudulent misrepresentation by Eurocom's representative to the RICS regarding conflicts of interest, rendering the adjudicator without jurisdiction; Siemens established real prospects of successfully defending the claim, defeating Eurocom's application for summary judgment.
Court Disposition
Application for summary judgment dismissed
Full Case Text
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