Commentary

164 Jurisdiction of the adjudicator

BUILDING AND ENGINEERING vol 5
| Commentary

164 Jurisdiction of the adjudicator

| Commentary

164 Jurisdiction of the adjudicator

One of the first questions which will be asked in an adjudication is whether the adjudicator has jurisdiction to determine the dispute at hand. The adjudicator’s jurisdiction is vital, because a court has no power to enforce an adjudicator’s decision which lacks jurisdiction. As will be seen1, the temporary nature of the adjudicator’s decision means that the courts will enforce it even when it is manifestly wrong, and the losing party must refer the dispute to court or arbitration in order to have the adjudicator’s decision reversed. The jurisdictional challenge, therefore, represents virtually the only means by which the responding party may frustrate the process of adjudication, and can be invoked both in order to bring a halt to an adjudication before a decision has been made, and to avoid enforcement of that decision.

The adjudicator’s jurisdiction derives from the Housing Grants, Construction and Regeneration Act 1996, the adjudication rules (if

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