Eurocom Ltd v Siemens Plc [2014] EWHC 3710 (TCC) (07 November 2014)

Eurocom Ltd v Siemens Plc [2014] EWHC 3710 (TCC) (07 November 2014)

The application for summary judgment was dismissed because Siemens established a strong prima facie case that Eurocom, through its agent, made fraudulent or reckless misrepresentations to the RICS in the adjudicator nomination process, thereby invalidating the appointment and depriving the adjudicator of jurisdiction. This fraudulent misrepresentation went to the heart of the appointment process and rendered the adjudicator's decision unenforceable. Even if the issue of fraud were not established, Siemens had real prospects of defending the claim on the basis that the Second Adjudication covered matters already decided in the First Adjudication.

Citation
[2014] EWHC 3710 (TCC)
Parties
Claimant: Eurocom Limited; Defendant: Siemens PLC
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / High Court (technology and Construction Court) Judgment on Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Fraudulent Misrepresentation, Implied Terms, Natural Justice, Res Judicata/issue Estoppel
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Fraudulent Misrepresentation Implied Terms Natural Justice +1 more

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Parties

Eurocom Limited

Claimant

Siemens PLC

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / High Court (technology and Construction Court) Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the appointment of the adjudicator in the Second Adjudication was invalid due to fraudulent misrepresentation in the nomination process
  2. 2 Whether the Second Adjudication covered matters already decided in the First Adjudication (res judicata/issue estoppel)
  3. 3 Whether the adjudicator's procedure breached natural justice

Ratio Decidendi

The application for summary judgment was dismissed because Siemens established a strong prima facie case that Eurocom, through its agent, made fraudulent or reckless misrepresentations to the RICS in the adjudicator nomination process, thereby invalidating the appointment and depriving the adjudicator of jurisdiction. This fraudulent misrepresentation went to the heart of the appointment process and rendered the adjudicator's decision unenforceable. Even if the issue of fraud were not established, Siemens had real prospects of defending the claim on the basis that the Second Adjudication covered matters already decided in the First Adjudication.

Court Disposition

Application for summary judgment dismissed

Orders

  • Eurocom's application for summary judgment is dismissed
  • No enforcement of the adjudicator's decision in the Second Adjudication