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Arbitration – Adjudication. The claimant applied for summary judgment to enforce the adjudicator's decision that there had been a complete failure of consideration by the defendant and his order for the defendant to pay the sum of the claimant's advanced payment. The Technology and Construction Court, in allowing the application, held that the adjudicator had had jurisdiction to decide whether there had been a total failure of consideration and whether the claimant was entitled to repayment. Further, he had been entitled to order restitution, as that had been an available remedy for the breach of contract.
Arbitration – Adjudication. The claimant applied for summary judgment to enforce the adjudicator's decision that there had been a complete failure of consideration by the defendant and his order for the defendant to pay the sum of the claimant's advanced payment. The Technology and Construction Court, in allowing the application, held that the adjudicator had had jurisdiction to decide whether there had been a total failure of consideration and whether the claimant was entitled to repayment. Further, he had been entitled to order restitution, as that had been an available remedy for the breach of contract.
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