Disputes arose between CNIM and Geris. An Adjudicator did not consider he could resolve all the matters put to him as he considered that he did not have jurisdiction to do so. He tried, therefore, to conclude as much as possible, but leave open certain questions as to specific sums. Although the Adjudicator made specific decisions in relation to the payment of his fees, he failed to express a sum of money as being due from one party to the other.

Geris sought to enforce payment of areas of the Adjudicator’s decision. CNIM resisted by contending that the Adjudicator had made no order for payment other than his fees. Further CNIM argued that each section of the decision should be considered on its own and it had a right to set off under the subcontract. In addition, CNIM claimed that it had a right to set off under the subcontract.

The Judge refused to enforce the decision. The judge interpreted the Adjudicator’s questions as to specific sums as the Adjudicator deciding that the CNIM was entitled to set off certain cross-claims subject to quantification. The Judge held that there was not a right of equitable set-off.