Can an adjudicator award more than claimed?
I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication.
The recent case of Bell Building Ltd v T Clarke Contracting Ltd EWHC 1929 (TCC) confirmed that even in a ‘smash 7 grab’ adjudication, the adjudicator can go beyond the specific sum claimed if the dispute or defences raised by the responding party widen the scope of the adjudication.
The court went on to say that this decision reaffirms that adjudicators must provide a fair process but are not limited to strictly awarding the amount claimed. As long as the adjudicator’s decision is based on issues fairly canvassed by both parties and not from independent investigations, there is no breach of natural justice.
Further that, adjudicator’s are empowered to grant ‘such other relief’ necessary to resolve the dispute, allowing flexibility in the final award if it appropriately addresses the issues raised by both parties during the proceedings.
The court also emphasized that an adjudicator’s jurisdiction should not be confined to a narrow or overly legalistic interpretation of the dispute.
The court also noted that Bell’s referral included a provision granting the adjudicator the authority to provide ‘such other relief as is necessary, just & equitable to resolve the dispute’. This clause further supported the adjudicator’s ability to go beyond the precise sum claimed by Bell and to fashion a remedy that addressed the entirety of the dispute as it unfolded during the adjudication.
And further, adjudicator’s possess the authority to deviate from the specific sums claimed by referring parties if such deviations are deemed necessary to address the full scope of the dispute presented, particularly when influenced by the responding party’s arguments.
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