RBG Ltd v Sgl Carbon Fibers Ltd

[3] Senior counsel's primary submission was that the adjudicator had failed to exhaust the jurisdiction conferred on him by the Notice of Adjudication; he had failed to consider all the evidence, and had misconstrued the extent of the dispute between the parties and so unjustifiably restricted the material which he considered. Alternatively, he was in breach of the principle of natural justice that required him to hear both parties.

[5] The extent of the adjudicator's jurisdiction is to be found in Parts 3 "the dispute" and 4 "redress sought" in the Notice of Adjudication (number 6/6 of process). Clause 3.3 and following clauses set out five invoices which were the subject of applications by the pursuer for payment by the defender, together with dates on which payments were due, and interest provisions. In clause 3.11 the pursuer accepted that certain credits were due to the defender, which fell to be deducted from the payments sought in the adjudication. Clause 3.12 focused the dispute as follows:

"A dispute has accordingly arisen between the parties regarding the Referring Party's entitlement to a change in the Completion Date to 16 January 2009 and to be paid the sums set out in Invoices 1 to 5 (under deduction of the credits mentioned above), with interest."

the amount of payments due to Subcontractors for work which is subcontracted without taking account of amounts deducted for

� payment to the Employer as a result of the Subcontractor failing to meet a Key Date,