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
  • Ground for challenge—there is no concluded contract between the parties
  • Ground of a challenge—novation of a contract results in no contract between the parties
  • Ground for challenge—claims arising out of multiple contracts
  • Ground for challenge—requirement to be a party to the contract
  • Not a ground for challenge—decision based on the wrong contract

Produced in association with 4 Pump Court

This Practice Note sets out the basis on which a jurisdictional challenge might be brought in an adjudication. It covers situations such as where the agreement to adjudicate is not in writing, there is no construction contract, there is no dispute between the parties, the dispute has settled, there is no contract between the parties, the adjudicator was not validly appointed, there has been a breach of natural justice, and/or there is already a decision dealing with the same, or substantially the same dispute. See also Practice Note: Making a jurisdictional challenge in an adjudication for guidance on when a challenge should take place and how to deal with it. That Note also looks at waiver/reservation of jurisdiction objections, approbation and reprobation (asserting two inconsistent positions), procedures in the Technology and Construction Court (TCC) relevant to jurisdictional challenges, and whether an adjudication can be stayed (stopped) pending the challenge.

Grounds on which a jurisdictional challenge may be brought

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

Ground for the challenge Guidance
The contract is not a
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