Resignation by the adjudicator
Produced in partnership with 4 Pump Court
Resignation by the adjudicator

The following Construction practice note produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:

  • Resignation by the adjudicator
  • Voluntary resignation
  • Mandatory resignation
  • Lack of jurisdiction
  • Conflict of interest
  • Issues not capable of fair resolution within the timescale
  • Resignation procedure

This Practice Note explains the different situations where an adjudicator may resign, whether it be of their own volition or mandatory, and looks at the procedure for resignation. For guidance on the parties’ liability to pay the adjudicator’s fees following resignation, see Practice Note: An adjudicator's fees and expenses. In relation to the ability of a referring party to bring an adjudication to an end, see Practice Note: Abandoning the adjudication.

Voluntary resignation

Whether or not an adjudicator may resign voluntarily is determined by the rules governing the adjudication, although in practice if an adjudicator does not wish to act there may be little the parties can do (or would want to do) to compel the adjudicator to continue acting. Common reasons for resignation include illness or unforeseen personal circumstances, but most rules which permit voluntary resignation do not expressly require the adjudicator to give reasons.

The Scheme for Construction Contracts permits the adjudicator to resign ‘at any time’ by giving notice in writing to the parties (Part I, para 9(1)). The scope of the adjudicator’s right to resign ‘at any time’ was considered in Baldwin v Pickstock. The court found that an adjudicator’s right to resign is constrained by paragraph 19(1) of the Scheme (which provides for the timescales within the adjudicator’s decision must be reached)—an adjudicator will therefore lose the right to resign upon

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