Commentary

168 Challenges on grounds of jurisdiction

BUILDING AND ENGINEERING vol 5
| Commentary

168 Challenges on grounds of jurisdiction

| Commentary

168 Challenges on grounds of jurisdiction

As has been seen1, the question of the adjudicator’s jurisdiction (or his lack of it) is one of the first issues for consideration in any adjudication. If the adjudicator proceeds to make a decision without possessing the requisite jurisdiction, then the decision is not one that he is empowered to make, and the courts will refuse to enforce it2.

The adjudicator’s jurisdiction derives from the Housing Grants, Construction and Regeneration Act 1996 (‘the Act’), and from the contractual terms (if any) which the parties have agreed to set the scope and rules for the adjudication.

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