Balfour Kilpatrick Limited V Glauser International SA

Balfour Kilpatrick Ltd sought to enforce the decision of an adjudicator. The defendant argued that the notice to refer was defective in that it sought to refer more than one dispute in a single reference.
Balfour Kilpatrick Limited -v- Glauser International SA
8 July 2000
The contract between the parties incorporated the TeCSA Rules (Version 1.3), which, at rule 3, adopts the singular word "dispute".
They also argued that the number and complexity of the disputes made it unsuitable for adjudication, and given the short time scale the process was unfair and in breach of the rules of natural justice.
Judge Gilliland held that: · as Rule 11 stated that the dispute related to the "matters identified in the notice", and therefore anticipated a range of matters within a single adjudication reference, "dispute" under the TeCSA Rules was not confined to a single dispute; · neither the number nor complexity of the matters made them unsuitable for adjudication; · there was no breach of natural justice.