The High Court has set aside an adjudicator’s determination under a construction contract.  The Court held that the adjudicator failed to disclose that he was an expert witness in other proceedings involving lawyers for one of the parties in the adjudication.

The Court also held that the adjudicator failed to have regard to matters that were relevant and made errors of law by not referring to the relevant clauses in the contract.

Acting as an expert for the lawyers on another case was a clear conflict of interest which should have been disclosed. It called into question the impartiality of the adjudicator.

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