Was there a material breach of the rules of natural justice?

This is another question that you should consider if you are looking to challenge the enforcement of an adjudicator’s award. If the adjudicator has breached the rules of natural justice, you may have grounds to challenge enforcement of the decision. Some examples of this include an adjudicator’s failure to:

  • Provide a party with adequate time to respond to submissions;
  • Take into account submissions from one party;
  • Act impartially; or
  • Provide reasons for the decision (if requested or required).

If the court can be persuaded that the adjudicator has acted in material breach of the rules of natural justice, the adjudicator’s decision will not be enforced.