This is one of the most pertinent questions when considering whether there are grounds to challenge an adjudicator’s decision as a court will not enforce a decision that was made without jurisdiction. If any of the below apply to the adjudication, it may be possible to make a challenge to the adjudicator’s jurisdiction and the enforcement of any decision:
- The claims arise out of multiple contracts;
- The contract between the parties was not concluded;
- The adjudicator was not validly appointed;
- The contract had been novated prior to the adjudication proceedings;
- The dispute between the parties had not yet ‘crystallised’;
- The adjudicator answered a question that was not put to them;
- The adjudicator’s decision was not given in time;
- The dispute between the parties had settled prior to the adjudication proceedings; or
- The referring party did not have legal grounds to adjudicate (i.e. there was not a construction contract under the Housing Grants, Construction and Regeneration Act 1996).
