Adjudicator's Decision Struck Down: Agreed Notice Provisions "Must Be Respected"

On 13 March 2025, in the case of Tenderbids Ltd trading as Bastion v. Electrical Waste Management Ltd [2025] IEHC 139, Mr. Justice Garrett Simons held that a failure to deliver a notice of intention to refer a payment dispute to adjudication in accordance with the agreed contractual notice provisions invalidated the adjudication process.

Background

The applicant sent a notice of intention to refer the dispute to adjudication (the Notice) to the respondent via email. Following a decision in its favour, the applicant sought to enforce the adjudicator's award of €1,531,830.85 in the High Court.

During the High Court proceedings, a query arose regarding on whether the method of service of the Notice invalidated the adjudication process.