I saw an interesting point tucked away in the middle of paragraph 10 of Akenhead J’s judgment in Arcadis v May and Baker. I will leave others to focus on the alleged breaches of the rules of natural justice (including that the adjudicator took a restrictive view of his own jurisdiction, went off on a frolic of his own, failed to consider a defence and exhibited apparent bias). I’m more interested in the parties’ choice of adjudicator the second time around.
