Summary

p>The question of whether and to what extent the Principles of Natural Justice (PNJ) apply in ADR is an open one but is of particular importance in adjudicative ADR, ie where the third party neutral makes a decision. A recent Scottish Court of Session case examines this issue with reference to authority in both England and Scotland. The judge concluded that PNJ overrides other considerations, even in the highly compressed timescale of adjudication. This has implications for, inter alia, Expert Determination.