In PC Harrington Contractors Limited v Systech International Limited [2012] EWCA 1371 (Civ) handed down on 23 October 2012, the Court of Appeal confirmed that an Adjudicator is not entitled to be paid his fees where he commits an error of jurisdiction or breach of natural justice, with the result that he fails to decide the parties’ dispute. The Court of Appeal held that the parties had bargained for an enforceable decision. As the Adjudicator had not produced that, he did not carry out the contract. Therefore he was not entitled to any fees.
