15 March 2016
Multiple Adjudications – consent is required under the Scheme
In the recent decision of the TCC in Deluxe Art & Theme Limited v Beck Interiors Limited  EWHC 238 (TCC), Coulson J has enforced the adjudicator’s first decision but declined to enforce the second of the decisions referred to him. The court found that under paragraph 8(1) of Part I of the Scheme for Construction Contracts 1998 (as amended) (“the Scheme”) an adjudicator appointed under the Scheme cannot adjudicate on more than one dispute at the same time unless the parties have consented.
The case will have significant impact on adjudication practices. It is no longer possible to cross adjudicate using the same adjudicator. It may also be the case that the same adjudicator cannot decide a dispute between the same parties but under different contracts. Parties involved in multiple adjudications will need to be alive to the requirement for consent and the need for timely objections in the absence of such consent to secure jurisdictional arguments.
You can read more about these issues here.