Paying The Adjudicator If His Decision Is Unenforceable

PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371

In what should be a comforting decision for those engaging in adjudication, the Court held that where the adjudicator's decision was unenforceable (in this case because of a breach of the rules of natural justice) then he was not entitled to be paid. The parties bargain with the adjudicator was for an enforceable decision. The Court noted that if adjudicators are concerned by this decision then they should seek to incorporate into their terms a provision covering payment in the event of a decision not being delivered or proving to be unenforceable (if the parties to the adjudication will accept this).