Grounds for a jurisdictional challenge in an adjudication
Grounds for a jurisdictional challenge in an adjudication

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Grounds for a jurisdictional challenge in an adjudication
  • Grounds on which a jurisdictional challenge may be brought
  • There is no concluded contract between the parties
  • Novation of a contract results in no contract between the parties
  • Claims arising out of multiple contracts
  • Requirement to be a party to the contract
  • Decision based on the wrong contract

Produced in association with 4 Pump Court

This Practice Note sets out the bases on which a jurisdictional challenge may be brought in respect of an adjudication. For further guidance on jurisdictional challenges, see Practice Notes: Making a jurisdictional challenge in an adjudication and The adjudicator's jurisdiction.

In relation to breach of natural justice, see Practice Note: Breach of natural justice in adjudication.

Grounds on which a jurisdictional challenge may be brought

The below table lists the various grounds upon which a party may base a jurisdictional challenge, and provides links to relevant content on each ground.

Ground Guidance
There is no legal entitlement to adjudicate—ie there is no statutory right because the contract is not a ‘construction contract’ and there is no contractual right or ad hoc agreement See Practices Notes: The right to adjudicate and What is a construction contract under the HGCRA 1996?
There is no (crystallised) dispute between the parties See Practice Note: Adjudication—is there a ‘dispute’?
The dispute between the parties has settled See Practice Note: Adjudication—is there a ‘dispute’?, in particular the section Has the dispute been