Adjudication And The ECHR

The Court of Session has ruled that in certain circumstances an adjudicator's award may be successfully challenged if it breaches a party's right to peaceful enjoyment of his possessions under Article 1 Protocol 1 ("A1P1") of the European Convention on Human Rights ("ECHR").  The case is Whyte & Mackay Ltd v. Blyth & Blyth Consulting Engineers Ltd, reported here.

Facts

Blyth & Blyth ("B&B") was engaged by Whyte and Mackay ("W&M") as engineers in respect of a new bottling plant facility in Grangemouth. Following completion of the works a dispute arose in connection with the foundations, which W&M alleged were defective. The dispute was referred to adjudication on 2 March 2012. The adjudicator issued his decision on 9 April 2012 and awarded W&M almost £3 million pounds in damages. W&M sought to enforce the adjudicator's award in the Court of Session. B&B resisted enforcement.