| Commentary

170 Dispute

| Commentary

170 Dispute

The adjudicator only has jurisdiction to decide upon a dispute arising under the contract between the parties1 and, therefore, if the issue that has been referred is not genuinely in ‘dispute’, or if it has already been referred to an adjudicator and a decision has been given, then the adjudicator will be acting beyond his jurisdiction if he goes on to decide the issue2. If the underlying argument in the adjudication is the same or substantially the same as that raised and decided in a previous adjudication, there is no jurisdiction for it to be reheard3. It will

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