Adjudication – Fraudulent Misrepresentation. – What does the application to the nominating body say?

The case of Eurocom Ltd v Siemens [2014] EWHC 3710 which was reported last week is a salutary lesson in how not to complete a form for the appointment of an adjudicator.

In Eurocom, the nominating body was the RICS.  The RICS form contains a box which asks if there are any adjudicators who have a conflict of interest.  In this box, Eurocom had listed 13 individuals as well as anyone connected with a specific firm of solicitors who had advised the Siemens.

Many of the 13 people named did not have a true conflict, but were people that Eurocom’s advisors wanted to avoid being appointed as the adjudicator.

The court decided that this this was a fraudulent representation to the RICS and invalidated the appointment of Mr Bingham as adjudicator.  It therefore refused to give judgment on Mr Bingham’s award.  No doubt Eurcom will also be paying Siemen’s costs.

The moral is

  • As the Referring Party always complete the nomination form honestly and fairly.
  • As the Responding Party always ask for a copy of the nomination form.

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